Ankle decisions — 2013

The Board has determined that the Veteran's preexisting bilateral pes planus did not increase in severity during service, and therefore, he is not entitled to service connection for this condition. The Board also found no evidence of aggravation of his left ankle, right ankle, left knee, or right knee disabilities during service.

The Veteran's major depressive disorder has been linked to his military service, and the Board grants service connection for this condition. The right ankle and right knee disorders are being remanded for further development.

The Board has determined that the Veteran's claims for service connection for bilateral hearing loss, reduction of evaluations for right knee sprain, left knee sprain, and left ankle sprain have been denied. The evidence does not meet the criteria to reopen the claim for service connection for bilateral hearing loss, and the reductions in evaluation were found to be improper.

The Veteran's appeal is being remanded for further development, including obtaining a supplemental VA medical opinion on whether his current right ankle disability is etiologically linked to service.

The Veteran's claims for service connection were denied as new and material evidence was not presented to reopen the claim of residuals of left ankle fracture. The other claims were also denied due to lack of a nexus between current disabilities and service.

The Veteran is rendered unable to obtain or maintain substantially gainful employment as a result of his service-connected disabilities, and the Board finds that TDIU criteria are met.

The Veteran's service-connected disabilities do not meet the legal criteria for a total disability rating due to individual unemployability as his combined percentage of disability does not reach 70% or more, and he is still employed.

The Veteran's appeal is being remanded to obtain additional medical records and for further examination. The issues of increased ratings for PTSD, thoracolumbar spine disability, cervical spine disability, and right ankle disability are also being remanded.

The Veteran's claims for service connection for right and left ankle Achilles enthesophytes, as well as degenerative joint disease of the knees, are being remanded due to the need for additional development.

The Veteran's right and left ankle disabilities are currently rated as 10 percent disabling each, with no higher ratings being granted due to the current range of motion findings. The appeal is denied.

The Veteran's post-operative residuals of a right ankle fracture are not shown to have resulted in impairment exceeding malunion with moderate ankle disability prior to January 5, 2010 and from that date. Therefore, the claim for increased ratings is denied.

The Veteran's right and left ankle disabilities are rated at 20 percent each, but his bilateral heel spurs, knee disorder, hip disorder, and low back disorder are found to be secondary to these service-connected ankle disabilities. The claims for higher initial ratings for the ankle disabilities remain denied.

The Board has granted the Veteran's claims for service connection for headaches, tinnitus, and bilateral flat feet. The claim for a left ankle disability was withdrawn by the Veteran during his hearing on appeal. The claim for a left wrist disability was also withdrawn.

The Board found that the Veteran's discharge was dishonorable due to willful and persistent misconduct, which bars VA benefits. The claims for service connection for left ankle disability, flat feet, bilateral carpal tunnel syndrome, and PTSD were all denied as they are not related to active service.

The Veteran's appeal was not timely filed, and thus the Board lacks jurisdiction to consider his claims.

The Board found that the Veteran's complaints regarding his bilateral ankles, knees, left shoulder, and abdominal muscles are not related to his active military service.

The Board has determined that the Veteran is entitled to service connection for a respiratory disorder, bilateral hip disorder, and bilateral ankle disorder. These conditions are found to be related to his military service.,Service connection is granted for these conditions.

The Veteran's right tibia and fibula fractures with open reduction and internal fixation, retained hardware, and strain are rated at 10 percent. The left ankle strain is rated at 10 percent effective December 8, 2011. Right shoulder bursitis with degenerative joint disease is rated at 10 percent.

The Veteran's appeal is being remanded for a Travel Board hearing before another Veterans Law Judge at his local Regional Office.