Ankle decisions — 2012

The Veteran's right ankle disability, manifested by marked limitation of motion due to pain and swelling, was granted an initial 20 percent evaluation as of March 12, 2004. The effective date for this award is December 20, 2007.

The Board has remanded the case for additional development due to incomplete medical opinions and missing VA treatment records.

The Board found that the Veteran did not timely file a substantive appeal for his claims regarding lumbar spine disorder, acquired psychiatric disorder (including depression), eye disorder, gastrointestinal disorder, foot and leg disorder, sinusitis, left ankle scar, and tendonitis of the left leg and foot. As such, these issues are denied.

The Veteran's initial disability ratings for his service-connected disabilities were denied. The appeals are based on the initial rating decisions made in April 2003, which did not become final due to an incorrect address being used when sending out the decision.

The Veteran's appeal is being remanded for additional development, including a review of his employment capabilities and referral to the VA's Director of Compensation and Pension for extra-schedular consideration.

The Veteran's appeal is being remanded for additional development. The issues include service connection for a varicose vein disorder of the left leg, initial ratings for bilateral ankle disability and bronchial asthma.

The Board has determined that there is no evidence of a current left knee, left ankle, or left wrist disorder, nor any eye injury residuals. The Veteran's claims for service connection on this basis have been denied.

The Veteran's appeal is being remanded to the RO for issuance of a statement of the case regarding his claim to reopen service connection for a low back disability. The Veteran must perfect an appeal if he wishes to have this issue reviewed by the Board.

The Board finds service connection is warranted for right ankle tendonitis based on the evidence that a chronic right ankle disability had its onset during service.

The Board has granted service connection for the Veteran's right ankle disability, finding that it is likely due to injuries sustained during his military service. The claim of service connection for an innocidentally acquired psychiatric disorder remains pending.

The Board finds that the Veteran's right ankle disability does not meet or approximate the criteria for a rating in excess of 10 percent, as there is no evidence of marked limitation of motion. The current 10 percent rating adequately reflects the severity and functional impact of his service-connected condition.

The Board found that the Veteran's current bilateral ankle disability was not incurred or aggravated during active duty and is not proximately due to or the result of a service-connected disability. The claim for service connection was denied.

The Board has determined that the Veteran's migraine headaches, left ankle disabilities, and right ankle disabilities are not service-connected as they were not incurred or aggravated during his active duty.

The Veteran's appeal is being remanded for further development and consideration of his claims, including service connection for additional right ankle disability.

The Veteran's claims for service connection for a right ankle condition and plantar fasciitis, to include as secondary to his left knee disability, have been reopened. However, further development is needed due to the need for VCAA compliance.

The Veteran's claim for an evaluation in excess of 20 percent for his service-connected right fibula fracture with degenerative changes of the ankle is being remanded due to the need for a new VA examination and additional development.

The Veteran's service-connected disabilities require the need for aid and assistance of others for dressing, undressing and sometimes bathing. As a result, SMC based on the need for regular aid and attendance is granted.

The Veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 for residuals of spinal stenosis, status post lumbar decompression laminectomy with fusion due to VA surgery on June 22, 1995 was denied because there is no new and material evidence to reopen this claim. The Veteran's additional disabilities are not service-connected as they were a reasonably foreseeable consequence of the surgery.

The Board found that the Veteran's knee, ankle, elbow, wrist, and back disabilities were not incurred in or aggravated by active service.

The Veteran's combined rating for his service-connected conditions is 60%, which does not meet the percentage requirements for TDIU under 38 C.F.R. § 4.16(a). However, he was found to be unemployable due to non-service-connected factors (divorce and stress), and his service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.