Ankle decisions — 2014

The Veteran's appeal is being remanded to schedule a Travel Board hearing at the RO due to his request.

The Veteran's left foot and ankle disorder has been rated at 10 percent, the maximum schedular rating available for moderate limitation of motion. The Board finds that this evaluation adequately reflects the severity of his disability.

The Board found that the evidence did not establish a connection between the Veteran's service-connected left knee disability and his current left ankle ulcers, thus denying the claim for secondary service connection.

The Board has remanded the hepatitis B and left ankle disability claims for further development due to incomplete medical opinions and outstanding VA records.

The Veteran's right shoulder disability, including myofascial pain syndrome, impingement syndrome, and right rotator cuff tendinopthy, is granted. The claim of service connection for fibromyalgia has been withdrawn. Service connection for left knee disorder is reopened due to new evidence received since the last denial in 1998. Service connection for right ankle disorder is also reopened.

The Veteran's service-connected left ankle disability is rated at 20 percent, the maximum schedular rating available for marked limitation of motion. The Board finds that the preponderance of evidence does not support a higher rating.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and scheduling a new VA examination to reassess the severity of his right knee degenerative joint disease.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling a video conference hearing.

The Veteran withdrew his appeal for the issues of entitlement to service connection for a bilateral shoulder disorder, to include as due to an undiagnosed illness, and service connection for thoracic muscular strain (previously claimed as a thoracic spine disorder), prior to August 31, 2011.

The Veteran's service-connected disabilities, including right foot amputation and neurological issues, make it impossible for him to walk without the aid of a wheelchair or brace. The Board finds that he meets the criteria for specially adapted housing benefits.

The Veteran's claims for increased ratings for residuals of a right ankle sprain and right knee chondromalacia were denied as the evidence did not show that his conditions warranted a rating in excess of 10 percent.

The Board has determined that the Veteran's claimed bilateral knee and ankle disabilities, including arthritis, were not incurred in or aggravated by service. The VA examiner found no evidence of such conditions during service and concluded they are less likely than not related to service.

The Veteran's appeal was withdrawn as to the claims of service connection for bilateral knee disorder and bilateral ankle disorder. The Board found that there is at least as likely as not that the Veteran has sleep apnea, which had its onset during his last period of service.

The Board has determined that the Veteran's left and right ankle disabilities, as well as his sleep apnea, are related to his military service.

The Board has remanded the case due to the Veteran's receipt of Social Security Administration disability benefits and a need for additional medical records. The issues on appeal include service connection for various joint disorders.

The Veteran's claim for an earlier effective date for a 10% rating for left ankle peroneal tenosynovitis is denied as there was no factually ascertainable increase in disability prior to January 27, 2010.

The Veteran's temporary total evaluation for convalescence due to right ankle surgery from April 7, 2009, through January 12, 2010, is granted.

The Veteran's appeal is being remanded to obtain additional medical records and for further development of his service connection claims.

The Veteran's claims for initial compensable ratings for left and right ankle sprains, as well as gastrointestinal disability with history of old healed ulcer duodenum (gastrointestinal disability), were denied. Service connection for low back disability was also denied.

The Board denied the Veteran's claim for an effective date prior to January 30, 2009 for a 10% disability rating for his right ankle disability. The evidence did not show that it was factually ascertainable that an increase in disability had occurred within one year prior to the Veteran's January 30, 2009 claim.