Ankle decisions — 2013

The Board found that the Veteran's progressive arthritis of multiple joints did not have its onset during service and is not related to his service-connected cervical spine arthritis. The condition was determined to be a direct result of natural progression over time.

The Board has determined that the Veteran's current left knee and right ankle disorders are not related to his active duty service, and thus denied both claims for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining employment records and scheduling a VA examination to reassess his service-connected left knee disability. The issue of TDIU will be reviewed after the additional development.

The Veteran's claim for service connection for a bilateral ankle disability is being remanded due to the need for additional development, including obtaining SSA records and updated VA treatment records. A new medical examination is also required.

The Board has remanded the case for further development and to schedule a hearing at the local RO.

The Board has denied the Veteran's claim for an increased rating for his service-connected residuals of a left ankle fracture, to include arthritis.

The Veteran's right ankle disability has been rated at 20 percent, but the Board finds that it does not warrant a higher rating as there is no evidence of ankylosis or other disabling conditions.

The Board has referred the issue of entitlement to a TDIU to the RO for further proceedings consistent with the Joint Motion for Remand. The Veteran's claim is considered part and parcel of his increased rating claims.

The Veteran's service-connected right ankle disorder, diabetes mellitus, and tinnitus have rendered him unable to secure or follow a substantially gainful occupation.

The Board has ordered a remand to obtain an adequate opinion regarding the etiology of the Veteran's current left lower extremity disabilities, including whether they are related to service or a service-connected condition.

The Veteran's claims for service connection for right and left hip conditions, as well as a left ankle condition, are being remanded due to the need for additional medical examinations and development.

The Veteran's claim for higher ratings for degenerative disc disease at L5-S1 and degenerative arthritis of the left ankle was denied as there is no evidence that the conditions meet or approximate the criteria for a higher rating under VA's rating schedule.

The Veteran's current left ankle disability is found to be related to his in-service left ankle sprain, and service connection for this condition is granted.

The Veteran's claim for service connection for bilateral hearing loss was denied, and his claim for an increased rating for right ankle degenerative joint disease is pending. The Board has remanded the right ankle issue to provide a Statement of the Case.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder, type II diabetes mellitus, a skin disorder, and a left ankle disorder. The Board found that there was no current diagnosis of type II diabetes mellitus and that the Veteran did not have a diagnosed left ankle disorder during his military service.

The Veteran's claim for service connection for a right ankle disability is being remanded due to the need for further examination and development of evidence.

Service connection for dry eyes is granted. Service connection for a psychiatric disorder is granted with an initial evaluation of 50 percent effective June 1, 2008. A compensable evaluation for the period on appeal through July 5, 2009, and an evaluation in excess of 10 percent for the period on appeal beginning July 6, 2009, for service-connected right foot heel spur and Achilles enthesopathy with right ankle musculoligamentous strain is granted. A higher evaluation for a psychiatric disorder remains.

The Board has determined that the Veteran's current left shoulder and left ankle disabilities are not related to his military service, including any in-service injury or exposure. The claims for service connection have been denied.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a rating greater than 30 percent for bilateral sensorineural hearing loss, a maximum of 10 percent for tinnitus, or any higher rating for his right ankle and right tibia/fibula disabilities.

The Board has determined that the Veteran's ED and left ankle venous stasis ulceration are at least as likely as not caused or aggravated by his service-connected diabetes.