Ankle decisions — 2013

The Veteran's appeal has been withdrawn, and thus the case is dismissed.

The Veteran's knee and foot disorders are not rated higher than the current 10 percent ratings due to lack of evidence showing more severe impairment.

The Board has determined that additional development is needed to substantiate the Veteran's claim for service connection of a left ankle disability, including obtaining records from his Army Reserve and National Guard units.

The Board has determined that the Veteran's low back disability is caused or aggravated by his service-connected right knee and hip disabilities, warranting service connection.

The Veteran's appeal is remanded for additional VA examinations to determine his ability to obtain and maintain substantially gainful employment due to his service-connected disabilities, without considering nonservice-related factors such as age. The claim will be readjudicated after the examination reports are received.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim for service connection for a left ankle disability. After considering all of the evidence, including private treatment records and VA examination reports, the Board finds that there is equipoise as to whether the current left ankle osteoarthritis is related to military service. Therefore, the claim is granted.

The Veteran's chronic disease affecting the bilateral knees, hips, elbows, and ankles is attributable to a known clinical diagnosis of degenerative arthritis that was not incurred in or permanently aggravated by service nor proximately due to a service-connected disability.

The Board has determined that additional development is needed to determine the nature and etiology of any left shoulder disorder, right shoulder disorder, lumbosacral spine disorder, left ankle disorder, right ankle disorder, and right knee disorder. The case will be remanded for these purposes.

The Board has granted service connection for left ankle arthritis, finding that the Veteran's arthritis had its onset within the one year presumptive period following service. The gastrointestinal disorder claim is remanded as proper procedural notice was not provided in the original decision.

The Veteran's claims for an effective date earlier than April 17, 2001, for the award of a total disability rating due to individual unemployability (TDIU) and Dependents' Educational Assistance (DEA) benefits were denied.,There was no evidence of a claim or increase in disability prior to April 17, 2001, which is when the Veteran's informal claim for an increased rating for his service-connected knee disorder was received.

The Board denied the Veteran's claims of service connection for a left foot disability, to include the great toe and ankle, and an initial rating for status post left tibia fracture. The Board found no current disability in either condition.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the preexisting bilateral pes planus was not aggravated by active service, and there is no evidence of a chronic left ankle disability proximately due to or chronically aggravated by service-connected disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and arranging for a VA examination to assess the current nature and extent of any right ankle, low back or thoracic spine disorder.

The Veteran's claim for service connection for osteoarthritis of multiple joints, including bilateral knees, hips, ankles, shoulders and elbows and the left wrist, is being remanded due to incomplete development.

The Board has granted service connection for a lumbar spine disorder, finding that it was caused by the Veteran's right ankle disability. The left ankle disability claim is remanded due to insufficient evidence.

The Board has granted the Veteran's claim of service connection for tinnitus, finding that it is attributable to his military service. The remaining claims have been withdrawn due to the Veteran's request.

The Board is remanding the claims for further development due to new evidence and additional issues raised by the Veteran's hearing testimony.

The Board has determined that the Veteran does not have current bilateral hearing loss or right ankle disability for VA compensation purposes and therefore service connection is denied.

The Veteran's claims for increased ratings for osteoarthritis of the knees and ankles were granted with 10% evaluations, but denied for higher ratings. The effective dates are not specified.

The Veteran's right ankle sprain is currently rated at 10 percent, the lowest available rating for moderate limitation of motion. The Board finds that a higher rating is not warranted.