Ankle decisions — 2014

The Veteran's appeal is being remanded to the AOJ for additional development, including issuing a statement of the case on his claim for a higher rating for left ankle sprain with degenerative arthritis and developing a TDIU claim due to lumbosacral spine degenerative disc disease. The AOJ must also consider whether the Veteran's TDIU claim should be considered under an extra-schedular basis.

The Board has granted service connection for bilateral ankle arthritis, bilateral peripheral neuropathy, and plantar fasciitis as these conditions are found to be related to the Veteran's active service.

The Veteran's right ankle and left shoulder disabilities are being remanded for further examination to determine their likely etiology, including whether they are related to his service-connected bilateral pes planus.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, right ankle sprain, and left ankle sprain have been granted. The Board finds that the evidence is at least in equipoise as to whether these conditions are related to service.

The Veteran's tinnitus, hearing loss, right and left knee disability, right and left ankle disability, and a left foot disability are all found to be related to service. The initial rating for degenerative disc disease of the cervical spine is granted.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation, meeting the criteria for TDIU.

The Board has denied the Veteran's claims for service connection for a bilateral ankle disability, extrapyramidal syndrome, and an acquired psychiatric disorder to include nervousness. The evidence does not support a finding that any of these conditions were incurred or aggravated during active service.

The Board has determined that an effective date earlier than November 13, 2007 for the grant of service connection for right ankle, status post Dwyer osteotomy is denied.

The Veteran's neck disability is rated at 20 percent, and his lumbar spine, left knee, and right ankle disabilities are each rated at 10 percent. The RO found that the evidence did not support higher ratings for any of these conditions.

The Veteran's appeal is being remanded for a VA examination to determine the nature and etiology of his claimed disabilities, including whether they are related to herbicide exposure during service.

The Board has decided that additional development is needed to determine the nature and etiology of the Veteran's claimed disabilities, including their relationship to his service-connected left ankle disorder.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions regarding the etiology of his left ankle disability and whether it is related to service-connected ulcerative pancolitis.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal.

The Veteran's service-connected disabilities render him unable to obtain or retain substantially gainful employment, and the Board finds that he meets the criteria for a TDIU.

The Veteran's service-connected right ankle, lumbosacral spine, bilateral hip and bilateral knee disabilities have effectively rendered him unable to use his lower extremities without the aid of braces, crutches, canes or a wheelchair. As such, he is entitled to specially adapted housing.

The Board has remanded the case to address service connection for bilateral hip, ankle, and left knee disorders due to inadequate rationale provided by a VA examiner regarding aggravation of these conditions. The Veteran's request for an earlier effective date for service connection for hypertensive retinopathy is also addressed.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board has determined that new and material evidence was received to reopen claims for service connection for left ankle, right ankle, GI disorder, back disorder, and neck disorder. However, the claim for service connection for a neck disorder remains denied as there is no medical evidence linking any current neck condition to service.

The Board has decided the claims for higher initial ratings for left knee and left ankle disabilities, finding that they do not meet the criteria for a higher rating than 10 percent.

The Board has determined that the Veteran's current left ankle osteoarthritis is related to his service, as it was present since he injured his ankle during basic training. The Board found that the preexisting condition did not worsen in service and thus granted service connection for the disability.