Ankle decisions — 2014

The Veteran's appeal is being remanded due to the need for additional examinations and consideration of recent evidence. The issues are whether he should receive higher initial ratings for his cervical spine and right ankle disabilities.

The Veteran's plantar spur in her left ankle does not meet the criteria for a higher rating as it only shows moderate limitation of motion, which is already reflected in the current 10% disability rating.

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination and medical opinions regarding his left ankle disability and sleep apnea.

The Veteran's appeal for increased ratings and temporary total evaluations has been withdrawn. The claim of entitlement to service connection for right hip and knee disorders secondary to the service-connected right ankle disability is remanded.

The Veteran's appeal is being remanded for further development of his right ankle disability claim, including a new VA examination.

The Veteran's claims for service connection and NSC pension benefits are being remanded due to the need for additional evidence, including SSA records and private treatment records.

The Board has granted service connection for bilateral knee and right ankle disorders, finding that current disabilities are of service onset or attributable to military service. The remaining issues remain on appeal.

The Board has determined that the appellant does not have current diagnoses of right ankle, left ankle, right foot, or left foot disorders. Therefore, service connection for these conditions cannot be granted.

The Board has reviewed the Veteran's claims for service connection for various conditions, including ingrown toenail disabilities, left ankle disability, and psychiatric disorders. The November 2007 rating decision denying service connection for an ingrown toenail, left toe disability is final. The issues of service connection for acquired psychiatric disorder (PTSD and opiate dependence), tinnitus, hypertension, asthma, hypothyroidism, and headaches have also been denied.

The Board has remanded the case for further development and adjudication due to inextricably intertwined issues, including a claim of clear and unmistakable error (CUE) regarding service connection for migratory polyarthritis or Reiter's syndrome.

The Board found that the Veteran's claimed lumbar spine and left ankle disabilities were not incurred in service, as there was no chronic symptoms related to these conditions during or after service. The current diagnoses are not linked to service.

The Veteran's appeal was denied as the criteria for an initial compensable rating for left ankle DJD prior to November 2, 2006, and in excess of 10 percent since that date have not been met. The Veteran's GERD has also not met the criteria for a higher rating.

The Board finds that there is no evidence to support a relationship between the Veteran's current left ankle/foot and right foot disabilities and his military service. The medical opinions are against such a finding, attributing these conditions more likely to weight gain since separation from service.

The Veteran's claim for service connection for left knee arthritis as secondary to his service connected left ankle disability is granted. The appeal regarding a schedular rating in excess of 20 percent for the left ankle disability and TDIU is also addressed, with the case being remanded for further consideration.

The Board has determined that the Veteran does not have current right ankle or right knee disabilities related to his service, and thus denied both claims for service connection.

The Veteran's appeal is remanded due to the need for additional VA examinations and consideration of outstanding treatment records. The issues include increased evaluations for left ankle fracture (also claimed as arthritis) and compression fracture of the lumbar vertebrae with degenerative disc disease.

The Board has determined that a remand is necessary to obtain additional medical records and to provide the Veteran with an appropriate VA examination to address whether his pre-existing right ankle condition was aggravated by service.

The Veteran seeks service connection for a right foot and ankle disability. The Board has determined that the current examination report is not responsive to the remand directives, necessitating further development.

The Board finds that the Veteran does not have a current disability of any of the claimed conditions, and there is no evidence linking these disabilities to service. The VA examinations and VHA specialist opinions do not support a finding that any of the disabilities are related to the 1969 motor vehicle accident.

The Veteran's right ankle disorder, including residuals of right ankle arthroscopy with traumatic arthritis, has been manifested by painful motion and fatigability. The objective evidence does not show ankylosis or instability.