Ankle decisions — 2013

The Veteran's claims for service connection are being remanded due to inadequate medical opinions and the need for additional VA examination.

The Veteran's claim for TDIU is being remanded due to the need for additional development and consideration of his service-connected disabilities.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, and the criteria for a TDIU have not been met.

The Board has remanded the case for additional development, including obtaining private treatment records and an addendum opinion regarding the appellant's right ankle disability.

The Board has determined that the Veteran's right knee, bilateral hip, lumbar and cervical spine, and right ankle disabilities are all service-connected as they are causally related to trauma sustained during active military service.

The Board found no evidence of a current disability related to service for the bilateral ankle and knee conditions. The Veteran's assertions regarding symptoms since service were not supported by medical evidence or opinion.

The Board denied the Veteran's claims of entitlement to service connection for bilateral hearing loss, tinnitus, left ankle disability, right knee disability, and thumb disabilities. The VA examinations did not find a link between these conditions and his military service.

The Veteran's service-connected right ankle fracture is currently evaluated at a 10 percent rating due to moderate limitation of motion, including pain and lack of endurance. No higher evaluation is warranted as the evidence does not show marked limitation of motion.

The Veteran's claim for service connection for left ankle disability was reopened and granted. His PTSD rating was increased to 50% effective December 1, 2004, with an earlier effective date of January 15, 2002.

The Veteran's claim for an increased rating of his service-connected right ankle disability was denied. The Board found that the evidence did not support a higher rating than 10 percent.

The Veteran's appeal is granted, with a compensable evaluation for chronic sprain of the right ankle and an effective date prior to April 5, 2007.

The Veteran's appeal is being remanded due to a scheduling issue for a videoconference hearing before a Veterans Law Judge.

The Board found that the Veteran's left, right knee and right ankle disorders did not manifest during or as a result of active military service and are not secondary to his service-connected postoperative hammertoe disorders. As such, the claims for these conditions were denied.

The Board has dismissed the appeal due to the appellant's withdrawal of his appeals for the claims remanded by the July 2012 decision.

The Veteran's claims for increased ratings for left hallux valgus and right ankle strain were denied. The Board found that the current ratings assigned were appropriate.

The Veteran's service-connected disabilities prevent him from securing and maintaining employment, and the RO has referred his claim for extraschedular TDIU consideration. The case is being remanded to determine if referral to the Director, Compensation and Pension Service is warranted.

The Board has determined that the Veteran does not have a current left forearm disorder, right heel injury residuals, or any of the other claimed conditions. Therefore, service connection for these conditions is denied.

The Veteran's claim for automobile and adaptive equipment or adaptive equipment only is denied as he does not meet the criteria for certification due to lack of service-connected disabilities resulting in loss of use of feet, hands, or ankylosis of knees or hips.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, and the criteria for a TDIU have not been met.

The Board has ordered the VA to obtain additional medical records and for further development, including obtaining treatment records from Dr. Vivas and any relevant state disability retirement records.