Ankle decisions — 2014

The Veteran's left ankle strain is currently rated as 10 percent disabling. The Board has found that the disability picture nearly resembles marked limitation of motion, warranting a higher rating.,Service connection for right ankle disorder, hemorrhoids, low back disorder, cervical spine disorder, sinusitis and allergic rhinitis, and migraines are remanded to the AOJ.

The Veteran's right and left ankle sprains have been granted initial compensable ratings. However, service connection for Achilles tendonitis and right hand nerve damage has not been established.

The Board has determined that the Veteran's enlistment examination may have noted a pre-existing condition, and thus the claim hinges on whether his lower left leg disorder was aggravated during service. The case is being remanded to schedule an appropriate VA examination to determine the nature and etiology of his claimed disability.

The Veteran's claims for service connection of lumbar spine, right hip and left ankle disorders have been denied as there are no current diagnoses. The Veteran's residuals of a traumatic brain injury claim has also been denied.

The Veteran's appeal has been withdrawn by his representative prior to the Board making a decision.

The Veteran's claims for increased ratings of right carpal tunnel syndrome and left carpal tunnel syndrome were granted. The claim for an initial evaluation higher than 20 percent for right ankle sprain was denied, as well as the claim for a higher rating for hemorrhoids. Service connection for skin cancer on the right ear was established.

The Veteran's claim for back disability was reopened, and he is now entitled to service connection for left foot plantar fasciitis secondary to his right ankle disability. The rating for right foot plantar fasciitis remains at 10 percent.

The Veteran seeks service connection for a right ankle/foot deformity, previously characterized as post-polio syndrome of the right leg. The Board has determined that further development is needed to determine if the current condition is related to his military service.

The Veteran's claim for an initial evaluation in excess of 50 percent for PTSD was granted. The claims for service connection for aggravated asthma, a right ankle disability associated with a scar, and a low back disability were denied due to lack of evidence. New and material evidence has been received to reopen the claims for service connection for bilateral hearing loss, tinnitus, and aggravated asthma.

The Board denied the Veteran's claims for service connection for hepatitis B, right ankle disability, left ankle disability, low back disability, hypertension, and diabetes mellitus (DM II). The appeals were decided on a direct basis as there was no indication of any presumptive conditions or exposure to herbicides.

The Veteran's appeal for service connection for right ankle, bilateral hip, left ankle, and low back disorders secondary to his service-connected bilateral knee disabilities has been dismissed due to the Veteran's representative withdrawing the appeals.

The Veteran's claims for service connection for bilateral knee and ankle disabilities have been denied as there is no current evidence of a diagnosed disability.

The Board has dismissed the appeals for increased ratings and temporary total rating as the Veteran withdrew her appeal in May 2012. The claim for an earlier effective date prior to July 28, 2009 for the grant of service connection for status post hysterectomy with bilateral salpingo-oopherectomy secondary to service-connected Crohn's disease is denied.

The Veteran's claim for an earlier effective date for dependency benefits was denied as the evidence did not show that he had submitted information about his dependents within a year of being notified of his combined rating in January 2007.

The Board has remanded the Veteran's claims for increased ratings and service connection due to outstanding treatment records, need for new examinations during a flare-up period, and other procedural issues.

The Board found that the Veteran does not have a left ankle or left calf disability due to disease or injury incurred in service, and denied his claims for service connection.

The Veteran's unauthorized medical expenses incurred at Fremont Area Medical Center on June 21, 2010, and June 22, 2010, are approved as the nearest VA facility was not feasibly available and a prudent layperson would have sought treatment from a private hospital.

The Board has determined that the Veteran's current lumbar spine disability is due to his service-connected right ankle disability, and thus grants service connection for this condition.

The Veteran's appeal is being remanded due to issues with the timing of his initial appeals for increased ratings on his service-connected left knee and right ankle disabilities. The case will be returned to the Board after issuance of a statement of the case.

The appeal is being remanded due to the Veteran's failure to return a withdrawal form and his request for immediate Board review. The case will be returned to the AOJ for further development, including scheduling VA examinations and obtaining additional treatment records.