Ankle decisions — 2013

The Veteran's claims for increased ratings and earlier effective dates have been granted. The right wrist fracture residuals are rated at 10 percent, the right ankle injury with traumatic arthritis is rated at 30 percent, service connection for a lumbar spine disability was established on January 8, 2008, the 30% rating for the right ankle injury was effective December 18, 2006, and TDIU became effective January 8, 2008.

The Veteran's claims are mixed, with some issues granted and others denied. The low back disorder is granted on the merits, while other claims remain pending due to lack of new and material evidence.

The Veteran's appeal for an increased rating for residuals of a fracture of the right ankle with os calcis was granted, and he is currently assigned a 20 percent disability evaluation. Service connection for bilateral knee arthralgia was also granted.

The Veteran's claim for an increased initial rating for his service-connected left leg disability is being remanded due to the addition of new evidence not having been properly considered by the RO.

The Veteran's claims for increased ratings for his right ankle, hip, and foot disabilities were denied as the evidence did not show that any of these conditions warranted a higher rating.

The Board has determined that the Veteran does not have a right ankle disability causally related to active service and denied his claim for service connection.

The Board has granted service connection for a variety of musculoskeletal and respiratory conditions, including shortness of breath, shoulder disorder, elbow pain, knee disorders, ankle disorders, and neck disorder. The Veteran's claims are supported by his reported symptoms in service and subsequent diagnoses.

The Veteran withdrew his appeals in a June 2013 statement, thus the appeals are dismissed.

The Board has determined that there is a need for further VA examination to determine the severity of the Veteran's service-connected left leg muscle wound and left ankle strain, as well as any associated neurological symptoms. The case will be remanded for these purposes.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to address the nature and etiology of his left hip disability, as well as the current severity of his service-connected right ankle and left tibia and fibula disabilities.

The Veteran's osteoarthritis of the left and right ankles were rated at 20 percent prior to October 23, 2008, with no effective date provided.

The Veteran's service connection claims for bilateral hearing loss, left ankle arthritis, and scalp laceration are granted. The Veteran has a history of these conditions during his military service.

The Board finds that the Veteran's arthritis of the left shoulder, left knee, and bilateral ankles are not due to any incident of his active duty service.

The Veteran's claims for increased ratings for his bilateral knee disabilities were denied. The Board found that the evidence did not support a higher rating for either knee.

The Veteran's claims for increased ratings for his service-connected cervical sprain and right ankle sprain are being remanded due to the need for additional medical examination to assess the current severity of these conditions.

The Board has granted service connection for degenerative joint disease (DJD) of the right shoulder and assigned an initial 10 percent rating, effective from March 10, 2007. The Veteran's appeal regarding a higher initial rating for his right shoulder disability is pending.

The Board has decided to remand the claims for further development due to incomplete medical records and need for additional opinions regarding the etiology of the veteran's bilateral hearing loss and ankle disabilities.

The Veteran's service-connected disabilities do not meet the criteria for automobile and adaptive equipment or adaptive equipment only as her loss of use at least one foot is not shown.

The Board finds that the Veteran's right ankle disability was not proximately due to or the result of VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA in furnishing reasonable care.

The Veteran's death was not caused or contributed substantially or materially by his service-connected disabilities, including coronary artery disease related to herbicide exposure. The Board denied the claim for service connection for the cause of the Veteran's death.