Ankle decisions — 2014

The Veteran's claims for increased ratings and service connection have been denied. The effective date of the TDIU award is July 28, 1993.

The Board has granted service connection for a right ankle disability, varicella residuals, and anemia. The remaining issues of entitlement to service connection for the right ankle disability and varicella are still pending.

The Veteran's claims for sciatica of the left and right legs, as well as a lumbar spine disorder and knee disorders are not supported by evidence. The Veteran's left shoulder fracture is service-connected.

The Veteran's appeal is remanded due to the need for additional examinations and information, including SSA records and vocational rehabilitation folder. The claims will be reconsidered based on the new evidence.

The Veteran's combined effects of service-connected disabilities render him unemployable, and his TDIU claim is granted. The reduction from 40 percent to 20 percent for fibromyalgia was improper, and restoration of the 40 percent rating is warranted. Evidence pertaining to a back disability received since the May 1997 decision is new and material, and the claim for service connection for a back disability is reopened.

The Board has reopened the appellant's claim for service connection for diabetes mellitus. The case is being remanded to obtain additional medical evidence and determine if the appellant's current disabilities are related to his military service.

The Board has reopened the Veteran's claims for service connection for right and left ankle disorders, but has remanded them to further develop the evidence due to inadequate medical opinions in the prior VA examination.

The Veteran's service-connected right ankle and right knee disabilities do not render him unemployable due to their severity alone, as other nonservice-connected conditions also contribute significantly to his inability to secure or follow substantially gainful employment.

The Board found that the Veteran's right ankle disorder, hypertension, and aneurysm are not service-connected. The Board also noted that major depressive disorder is partially aggravated by his service-connected lumbar spine disability and bilateral lower extremity radiculopathy.

The Board found that the Veteran does not have a left ankle disability related to service or his service-connected varicose vein condition.

The Board has granted service connection for residuals of a left ankle injury, finding that the Veteran's current left ankle disability had its onset in active service. The issues regarding the right knee disability, tinnitus, bilateral hearing loss, and right elbow pain are addressed in the REMAND portion.

The Veteran's service-connected disabilities, including anatomical loss of the left eye and cataract in the right eye, render him unable to secure or follow substantially gainful employment. Therefore, his claim for a TDIU is granted.

The Board has determined that the Veteran's right knee disability was not incurred in or aggravated by service, and her arthritis may not be presumed to have been incurred due to a lack of evidence showing it within one year after separation from active duty. The issue regarding her right ankle disability is pending as remanded.

The Veteran's appeals for service connection for a fractured left ankle and lumbar spine issues have been remanded due to the need for a videoconference hearing.

The Veteran's right knee disability has been manifested by symptoms corresponding to a 30 percent evaluation and no higher, prior and subsequent to his total knee replacement surgery.

The Board has determined that there is no evidence of a low back injury or disease during service, and the current lumbar spine degenerative joint disease is not related to service. The Veteran's current lumbar spine disorder is also not proximately due to, or worsened in severity by, the service-connected right ankle disability.

The Board denied the Veteran's claims for service connection for a low back disability, residuals of left ankle sprain and chip fracture, and cervical strain and muscle spasm as these conditions were not incurred in or aggravated by service.

The Board has determined that the Veteran's left ankle condition is not related to his military service and does not meet the criteria for secondary service connection based on his right ankle disability. As a result, the claim for service connection for a left ankle condition, including as secondary to a service-connected right ankle disability, is denied.

The Veteran's claims for service connection for traumatic brain injury and right ankle disorder are being remanded due to the need for additional development, including obtaining relevant VA treatment records and Social Security Administration (SSA) records.

The Board has determined that the Veteran does not have a left shoulder, right knee, or left knee disability. The service connection criteria for these conditions are not met as there is no objective evidence establishing a current disability.