Ankle decisions — 2012

The Veteran's right ankle disability is currently rated at 30 percent, and the Board has determined that a higher rating is not warranted.

The Board has granted a 50 percent rating for bilateral pes planus, effective from the date of the decision. The Veteran's left and right ankle disabilities are not rated higher than 20 percent.

The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination. The issues on appeal are whether he is entitled to a temporary total rating based upon convalescence from March 2008 cervical spine surgery, and whether he is unemployable due to his service-connected disabilities.

The Board has determined that the Veteran does not have a chronic right hip disability and his claim for service connection is denied. The issue of an increased rating for his right ankle disability remains pending.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU rating as they are rated at 70% combined, but his employment history and education do not support a finding of unemployability.

The Board has denied the Veteran's claims for service connection for chronic bilateral knee disorder, chronic bilateral ankle disorder, chronic respiratory disorder, and a chronic disability manifested by fevers, all claimed as resulting from an undiagnosed illness. The appeal is dismissed.

The Veteran's duodenal ulcer remains at 20% since June 2005, while his left ankle sprain residuals have been rated at 10% prior to October 1, 2010 and 20% after that date.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment.

The Board has dismissed the appeal due to the Veteran's withdrawal of his appeal.

The Veteran's claims for cellulitis of the bilateral feet and left ankle disability have been denied. The claim for cellulitis has been reopened, but remains denied as there is no evidence of a current disability.

The Board has not determined the service connection status for schizophrenia or arthritis of knees and ankles due to lack of new and material evidence. The claims are considered 'mixed' as some issues were granted while others were denied.

The Veteran's appeal is being remanded due to the need for additional VA treatment records, STRs, and examinations. The claims of service connection for bilateral hearing loss, tinnitus, headaches, low back disability, and cervical spine disability are pending.

The Veteran's service-connected conditions did not result in unemployability prior to April 25, 2001. The Board denied the claim for an earlier effective date.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to determine the etiology of his claimed low back and right ankle disorders.

The Board denied the veteran's claim for service connection for right knee arthritis as secondary to his service-connected left knee and bilateral ankle disabilities. The decision is considered final.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims for bilateral knee, ankle, and low back disabilities. The claim for a higher rating for the low back disability was also denied.

The Board found that the Veteran's right Achilles tendon repair with osteoarthritis, calcaneal spur, and healed right posterior ankle scar did not meet the criteria for a higher rating from July 20, 2009.

The Veteran's varicose veins of the left leg were found to have been incurred in service and are therefore granted service connection. The Board also finds that the Veteran has other service-connected disabilities for which increased evaluations are warranted.

The Board has found that new and material evidence has been submitted to reopen the claim of service connection for bilateral ankle sprain. The issue of service connection for degenerative disc disease, status-post laminectomy, of the lumbar spine (low back disorder) remains unresolved as there is insufficient evidence provided by Dr. Reimer.

The Veteran's appeal includes multiple issues related to increased ratings for various disabilities and service connection claims. The case is being remanded due to the need for a Travel Board hearing, issuance of an SOC on the effective date issue, and other procedural steps.