Ankle decisions — 2014

The Veteran's rate of payment for nonservice-connected pension benefits has been denied due to her countable income exceeding the required amount.,Service connection for right ankle disorder is not granted as there is no evidence linking it to service.,Service connection for right leg disorder and right foot disorder are also not granted, as they are not found to be secondary to a service-connected disability or directly related to service.,The Veteran's current right ankle, right leg, and right foot disorders do not meet the criteria for service connection.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection of a chest disability, right wrist disability, and right ankle disability. The case is being remanded for further development including examinations to determine the likely etiology of these disabilities.

The Veteran withdrew his appeal for the issues of entitlement to service connection for bilateral hearing loss disability and obstructive sleep apnea prior to a decision by the Board. The case is dismissed.

The Board has decided to remand the case for additional development, including obtaining updated VA and private medical records, scheduling a VA examination for the right ankle disability, clarifying which shoulder should be service connected in the January 2014 examiner's opinion, and providing an addendum opinion by another examiner if necessary.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of his left ankle fracture and pseudofolliculitis barbae.

The Board denied a higher initial rating for the right ankle scars, maintaining the assigned 10 percent disability rating.

The Veteran's claims for earlier effective dates for service connection and increased ratings were denied as there was no medical evidence indicating the severity of his left shoulder disability before July 27, 2004.

The Veteran's claims for higher ratings for PTSD and the residuals of his left ankle fracture, as well as to reopen a previously denied claim for service connection for chloracne, are dismissed. The temporary total convalescent rating for the residuals of the left ankle fracture is extended by two months beyond October 31, 2009.

The Board denied the Veteran's claims for higher initial ratings for his knee disabilities and left ankle osteoarthritis, as well as service connection for a urinary disorder. The Veteran withdrew his appeal regarding the knee disabilities at the May 2013 hearing.

The Veteran's appeal is being remanded due to the need for updated VA treatment records and a contemporaneous orthopedic examination of his right ankle disability.

The Board has reopened the claim for service connection for cellulitis of the left ankle and found that new evidence received since the last final denial raises a reasonable possibility of substantiating the claim. However, there is no current diagnosis of cellulitis or residuals thereof, nor any established link between the Veteran's in-service cellulitis and his current disabilities.

The Veteran's service-connected disabilities, including diabetes mellitus and orthopedic conditions, are found to be in equipoise with his ability to secure and follow substantially gainful employment. Therefore, the criteria for a total disability rating based on individual unemployability due to service-connected disabilities have been met.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses is denied because the emergency room visit on July 11, 2010, did not meet the criteria for an emergency medical condition manifesting itself by acute symptoms of sufficient severity.

The Veteran's appeal is being remanded for further development regarding the need for an annual clothing allowance due to needing a splint on his left wrist. The case will be reviewed by the Chief Medical Director or their designee to determine if the splint also treats his service-connected residuals of left elbow epicondylectomy with post-operative scar and pain, and weakness of the left forearm, hand, and wrist.

The Board has determined that the Veteran's hemorrhoids and left ankle sprain are as likely as not related to his military service, granting service connection for these conditions.

The Board has determined that the Veteran does not have PTSD and denied his claim for service connection. The remaining claims to service connection for orthopedic disorders, hearing loss, and sinusitis are remanded for additional development.

The Veteran's claim for service connection for a left ankle disability was granted with an effective date of August 18, 2008. The claim for service connection for a lumbar spine disability was reopened and granted with an effective date of May 1, 2009.

The Veteran's appeal is being remanded due to the need for new examinations as he failed to report for scheduled VA examinations. The claims of increased ratings for various service-connected disabilities are pending.

The Veteran's right ankle disability, characterized by pain, functional impairment, and instability, has been rated at 10 percent since November 25, 2003. The Board finds that the evidence supports a grant of an increased evaluation to 20 percent for marked limitation of motion.

The Veteran's claims for increased ratings for his service-connected fractures of the left femur, right patella, and left ankle are being remanded due to the need for additional examinations and consideration of updated medical records.