Ankle decisions — 2014

The Veteran's appeal is being remanded for a new VA examination to assess the combined effect of his service-connected disabilities on his ability to secure and follow a substantially gainful occupation, as well as for obtaining any outstanding treatment records.

The Veteran's left leg fracture with a healed tibia fracture does not warrant a higher rating due to lack of nonunion requiring a brace. The current 30% rating remains appropriate.,For the period prior to March 30, 2009, the Veteran's left ankle disability was rated as 10%. Since that date, it has been rated at 20%, reflecting marked limitation of motion and pain on use.,The Veteran's GERD is currently rated as 10% disabling. The current rating remains appropriate given his symptoms.

The Board has determined that the Veteran does not have a current disability related to her bilateral shin splits and bilateral ankle disability, and thus service connection cannot be granted.

The Veteran's right ankle disability is currently rated as 10 percent disabling, and the Board finds that a higher rating is not warranted.,The Veteran's left ankle disability is currently rated as noncompensable (0 percent), and the Board finds that a compensable rating of at least 10 percent is warranted.

The Veteran's appeal has been dismissed due to his death during the pendency of the appeal.

The Veteran's appeal is being remanded for additional development, including obtaining SSA disability records and a VA examination to assess his employability.

The Veteran's current tension-type headaches are proximately due to or the result of his service-connected disabilities, including the medications required for those disabilities.

The Veteran's claim for a higher initial rating in excess of 10 percent for residuals of a right ankle fracture is being remanded due to the need for additional development, including obtaining private treatment records and scheduling another VA examination.

The Board has granted service connection for pes planus of the left foot. However, there is no current diagnosis found in records to support a claim for a left ankle disability.

The Board has determined that the Veteran does not meet the criteria for service connection for any of his claimed conditions, including hearing loss in the left ear and tinnitus. The claims are denied.

The Veteran's claim for an increased rating for her left ankle disability was granted, with a 10% rating effective March 15, 2010.

The Board has decided to remand the case for further development, including a VA examination of the Veteran's right ankle condition and review of private treatment records.

The Board has ordered a remand to obtain an adequate VA examination and opinion regarding the etiology of the Veteran's right ankle disorder, including whether it is related to his service-connected left ankle disability. The case will be returned for further adjudication.

The Board has determined that the Veteran's bilateral foot disabilities, including a right ankle disability, are not service-connected as they are considered to be due to congenital conditions and do not show evidence of aggravation during service. The Veteran's obstructive sleep apnea and diabetes mellitus were also found not to be related to his military service.

The Board has determined that the Veteran's current right ankle disability is not related to his service and therefore denied his claim for service connection.

The Veteran's service-connected pes planus with bunions and degenerative joint disease did not cause or aggravate any of his claimed foot, ankle, knee, or lumbar spine disorders. The Board finds that the evidence does not support a grant of service connection for these conditions.

The Board found no current right ankle disability and denied the Veteran's claim for service connection.

The Board has denied the Veteran's claims for increased ratings for his right and left knee disabilities, finding that new and material evidence was not received to reopen his service connection claims for ankle injuries. The RO previously denied these claims in September 1998 due to lack of current disability shown.

The Veteran's appeal is remanded for additional development, including obtaining updated VA treatment records and scheduling a VA examination to assess the severity of his right ankle disability. The TDIU claim is also raised by the record.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the severity of his left ankle disability and whether he has effective function remaining other than that which would be equally well served by an amputation with a suitable prosthetic appliance.