Ankle decisions — 2012

The Veteran's claims for an increased rating for her lumbar spine disability and a TDIU are being remanded due to the need for additional development, including obtaining SSA records and arranging for a VA examination.

The Veteran withdrew his appeals seeking service connection for osteoarthritis of the bilateral thumbs and a right ankle disorder.

The Board granted service connection for left pes planus and osteoarthritis, right ankle with a 10% disability rating effective April 22, 2008. The Veteran's claim of an earlier effective date was denied.

The Veteran's appeal includes claims for a higher rating for posttraumatic arthritis of the left ankle and for TDIU due to that disability. The RO is directed to schedule the Veteran for an examination, consider whether extra-schedular considerations apply, and adjudicate both claims in light of all applicable regulations.

The Board has determined that the Veteran's pre-existing left ankle disability was aggravated by military service, and therefore grants entitlement to service connection for a left ankle disability. The right ankle and bilateral leg disabilities are also granted as secondary to the left ankle disability.

The Board denied the Veteran's claim for an effective date prior to August 15, 2008, for service connection of residuals, left ankle sprain with tibia talar ligament tear. The RO reopened and granted service connection on this basis in December 2008.

The Board has remanded the case for additional development, including obtaining VA and private medical records, scheduling examinations to determine if current prostate and left ankle disabilities are related to service or herbicide exposure, and adjudicating a petition to reopen a right knee disability claim.

The Board has determined that the Veteran's postoperative residuals of a right knee injury are not service-connected, and his arthritis of the right knee and ankle is also not service-connected as secondary to his service-connected condition.

The Veteran's left ankle tendonitis does not meet the criteria for a higher initial evaluation, as it does not demonstrate marked limitation of motion or arthritis. The current 10% disability rating is appropriate.

The Board has determined that the RO's decision denying service connection for right ankle, hip, and knee disabilities is not final due to incomplete procedures. The case is being remanded for further development.

The Board has remanded the case for further development due to inadequacies in the March 2006 VA examination and failure to satisfy the duty to assist.

The Veteran's atrial fibrillation is currently rated at 10 percent, which does not meet the criteria for a higher rating.,Service connection has been granted for left ankle strain.

The Veteran's claimed bilateral knee disorder is found to be due to a current diagnosis of degenerative changes, which pre-dates service and is not related to any injury or disease in service. The Veteran's claimed bilateral ankle disorder has no diagnosed condition.

The Board has found that the Veteran's current right ankle disability is etiologically related to his in-service injury, and thus service connection for this condition is granted.

The Veteran's service-connected disabilities, including PTSD, diabetes mellitus type II, and traumatic amputation of the fingers, prevent him from securing or following a substantially gainful occupation. The Board finds that his TDIU is granted.

The Veteran's claims for service connection were denied as there is no competent evidence linking the claimed conditions to his military service.

The Board found that the Veteran's left knee strain was not incurred or aggravated in service and denied his claim for service connection. The right ankle disability issue is remanded as it requires further development.

The Veteran's appeal is being remanded due to his failure to appear at a scheduled videoconference hearing. The claims for service connection are being returned to the RO for rescheduling of the hearing.

The Board found no evidence linking the Veteran's current left foot and ankle disorders to his military service, including an in-service injury. The Veteran's symptoms have been chronic but not directly linked to service.

The Board finds that the appellant has failed to present evidence showing that VA's care or treatment caused or contributed significantly to the Veteran's death. The medical records indicate multiple health issues, including COPD and coronary artery disease, which were treated by VA prior to his death.