Ankle decisions — 2013

The Board has ordered additional development regarding the Veteran's claims, including obtaining medical records from a DOT physical examination and ensuring that all efforts to obtain such records are documented. The case will be readjudicated after these actions.

The Board found that the Veteran does not have a current right lower leg/ankle disability and that his service-connected right great toe disability is not causing any current right lower leg/ankle disability. Therefore, the claim for secondary service connection was denied.

The Veteran's service-connected disabilities prevent him from engaging in gainful employment, and the Board has granted a TDIU on an extraschedular basis.

The Veteran's combined service-connected disability rating is 20%, which does not meet the schedular requirements for a TDIU rating. The Board has also determined that an extraschedular TDIU rating is denied as his disabilities do not render him unemployable.

The Veteran's claim of entitlement to a total disability rating based on individual unemployability (TDIU) is being remanded due to the need for additional examinations, review of new evidence, and compliance with procedural requirements.

The Veteran did not incur any of the claimed conditions during active service or within one year thereafter. Symptoms of blood infection, lesions, tumors, neck disability, headaches, and right ankle/foot disability have not been unremitting since separation from service.

The Veteran's claims for service connection were denied as there was no evidence of a current disability, and the Board found that none of his claimed conditions are related to active service.

The Veteran's left ankle disability is currently rated at 30 percent, and the Board finds that this rating adequately reflects his functional impairment due to ankylosis without additional limitation in motion.

The Veteran's right ankle tendinitis is not more than moderate in nature, and her right foot bunion with hallux valgus does not meet the criteria for a higher rating. The postoperative residual scars of her right wrist ligament repair do not warrant an increased rating.,None of the conditions have been linked to any specific exposure basis or are presumed under the PACT Act.

The Veteran's TDIU claim is granted. For his acquired psychiatric disability, to include PTSD, an initial rating greater than 30 percent is denied. For his left ankle arthritis, a compensable rating prior to April 29, 2008, and effective November 1, 2012, is denied. For his right ankle arthritis, a compensable rating prior to August 6, 2010, and effective December 1, 2010, is denied.

The Board denied the Veteran's claim of service connection for residuals of a left ankle sprain, finding that there is no evidence to support the Veteran's assertion that he suffered an injury or disease in service. The Board also found that his current left ankle condition is not related to his service-connected varicose veins.

The Veteran's appeal is being remanded for further development, including obtaining an addendum opinion from the examiner who performed the February 2012 examination to address the etiology of his claimed disabilities of the left knee, right knee and right ankle. The AMC must also issue a Supplemental Statement of the Case on the issue of entitlement to service connection for a disability of the left knee.

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

The Veteran's appeal for service connection of a right ankle disorder and left hip disorder as secondary to his service-connected left knee disabilities is being remanded due to the failure to schedule VA examinations.

The Veteran's degenerative joint disease of the right ankle is productive of marked limitation of motion, warranting a 20 percent rating. The appeal for service connection for other conditions remains unresolved.

The Board denied service connection for headaches and a higher initial evaluation for right ankle disability. The effective date of the grant of service connection for right ankle disability was set at September 30, 2011.

The Veteran's appeal is being remanded due to the need for a video conference hearing.

The Veteran's service-connected disabilities, prior to February 28, 2007, did not render him unemployable due to his nonservice-connected leukemia.

The Board has remanded the case for further development, including obtaining an opinion on whether the Veteran's service-connected disabilities render him unemployable without regard to his age or non-service connected disabilities.

The Board has reopened the Veteran's claim for service connection for left ankle inflammatory arthritis, claimed as left foot gout. The case is remanded to determine if a current disability exists and whether it is related to military service.