Ankle decisions — 2012

The Veteran's cervical spine disability was not rated higher than 10 percent from August 1, 2007 to October 22, 2008 and in excess of 20 percent from October 23, 2008.,The Veteran's left ankle disability was rated at 10 percent from August 1, 2007 to October 22, 2008 and increased to 20 percent from October 23, 2008. The rating decision did not specify the effective date.,The Veteran's right wrist disability was rated at 10 percent. No specific effective date is provided in the decision summary.,The Veteran's left ulnar nerve laceration was rated at 10 percent. No specific effective date is provided in the decision summary.

The Veteran's claims for service connection for headaches, bilateral pes planus, left ankle disability, and sleep apnea were denied. The Board found that the Veteran did not have current disabilities related to these conditions as a result of service.

The Veteran's left ankle inversion injury with avulsion fracture of the distal fibula is found to be related to service and thus service connection is granted.

The Veteran's cervical spine degenerative disc disease, right knee chondromalacia patella and left knee chondromalacia patella are rated at 10 percent each. The Veteran's left ankle sprain is also rated at 10 percent. No higher ratings are warranted.

The Veteran's claim for service connection for chronic hepatitis B was denied as there is no evidence of a current diagnosis. The Board found that the VA examination report was inadequate and remanded to obtain an opinion regarding his bilateral ankle disorder.

The Veteran's service-connected disabilities do not meet the criteria for a certificate of eligibility for financial assistance in the purchase of specially adapted housing or a special home adaptation grant due to his inability to use both lower extremities without aid.

The Board found that the Veteran's right knee and ankle disabilities did not manifest during service or within one year of separation, and are not related to his in-service injury. The claim for service connection was denied.

The Board has determined that additional attempts must be made to obtain missing service records, including those from the Veteran's reserve and National Guard service. The appeal is REMANDED for these purposes.

The Board has granted service connection for residuals of a right fibula fracture and right ankle injury. The Veteran's left ankle disability is being remanded to determine its etiology.

The Veteran's appeal is REMANDED for additional development, including obtaining updated VA treatment records and arranging for a VA examination to assess the severity of his service-connected ankle and toe disabilities. The claim for TDIU has also been raised.

The Veteran's claim for increased rating of his psychiatric disability was denied. The Board found that the evidence did not support a higher rating based on the severity of his symptoms.

The Board has determined that the Veteran's treatment at Enloe Medical Center on October 25, 2009 was not for an emergent disability and therefore does not meet the criteria for payment or reimbursement of unauthorized medical expenses.

The Board has remanded the Veteran's claims for additional development due to outstanding VA, TRICARE, and private treatment records. The appeals are not yet decided.

The Veteran's appeal for TDIU is being remanded due to the need for additional development, including a VA examination and readjudication of his claim.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, addressing herbicide exposure claims, and scheduling examinations to determine the nature and etiology of any diagnosed conditions.

The Board has determined that the Veteran's left knee patellar tendinitis and right ankle Achilles tendinitis are service-connected. However, there is no evidence of current conjunctivitis or its residuals.

The Veteran's claims for service connection for right ankle and right elbow disabilities were denied as there is no current evidence of a disability.

The Board denied service connection for the Veteran's claimed back, bilateral knee, left ankle, and depression disabilities as they are not etiologically related to his military service or a service-connected disability.

The Veteran's death was ruled as a result of suicide, and the Board found that his service-connected disabilities did not contribute to his death. The appellant claimed service connection for the cause of death based on a psychiatric disorder first manifested in service, but the evidence showed no nexus between any service-connected disability and the Veteran's post-service depression. The Board concluded that the Veteran's post-service depression was not a psychosis warranting presumptive service connection.

The Veteran's service-connected back disability is rated at 10 percent, and his right great toe and right thumb disabilities are each rated as noncompensable. The claims for service connection for the right calf, ankle, hip, and initial ratings for the right great toe and right thumb were all granted.