Ankle decisions — 2014

The Board finds that the Veteran's service-connected disabilities did not preclude him from securing or following a substantially gainful occupation prior to his death, and thus denied the claim for TDIU.

The Veteran's bilateral ankle pain and tinea pedis are considered service-connected as secondary to his service-connected bilateral pes planus with fallen arches and shortening of the ankle tendons.

The Veteran's service-connected disabilities are of such nature and severity as to prevent him from securing or following substantially gainful employment, warranting a TDIU.

The Board has determined that the Veteran is unemployable due to his service-connected disabilities as of February 27, 2009.

The Board has granted an initial rating of 20 percent for the Veteran's resolved left distal fibular fracture status post-surgical repair with residual left ankle tendonitis, effective December 2, 2009. The previous 10 percent rating is maintained prior to that date.

The Veteran's right ankle condition, posttraumatic sprain with loss of motion, is currently rated at 20 percent and the Board finds that it does not warrant a higher evaluation.

The Board has determined that an effective date prior to November 21, 2007 for the assignment of a 20 percent rating for service-connected residuals of a right ankle injury is not warranted.

The Board finds that the Veteran's right and left ankle disorders were not incurred in or aggravated by service.,VA compensation and pension examination revealed mild degenerative changes, but no post-service treatment for these conditions.

The Veteran's right ankle disability, diagnosed as a Shepard's fracture at the posterior beak of the talus, is found to have been incurred during active service and thus service connection is granted.

The Veteran's service-connected disabilities render her unable to secure or follow a substantially gainful occupation, and the Board finds that she meets the criteria for TDIU.

The Board has determined that the Veteran's claims for service connection have been reopened and are now being reviewed on their merits. The appeals for some conditions, such as hearing loss and arthritis of multiple joints, were not fully developed due to a lack of evidence or because they were previously denied.

The Veteran's claim for a compensable rating for his right ankle disability is being remanded due to the need for a new VA examination.

The Board found that the Veteran does not have a current left ankle disability and denied service connection for this condition. The claims of service connection for right knee, low back, and hypertension were also denied as secondary to his service-connected left knee disorder.

The Board found that the Veteran does not have current diagnoses of right and left shoulder, cervical spine or left ankle disabilities. Therefore, service connection for these conditions cannot be granted.

The Board denied the Veteran's claims for service connection for arthritis (other than rheumatoid) of multiple joints, including cervical spine, left foot, wrists, hands, elbows, ankles and lumbar spine. The evidence did not establish a direct link between these conditions and his military service.

The Board has denied the Veteran's claims for service connection for various knee, hip, ankle and foot disabilities, neck disability, low back disability, and arthritis disability, all claimed as secondary to a right knee disability. The evidence does not support a finding that any of these conditions are related to military service.

The Veteran's ankle disabilities have been rated based on their current functional limitations, and the evidence does not support a higher rating for any of his claims.

The Veteran's right hip labral tear with cam-type impingement is found to have its onset during an in-service wakeboarding accident, and service connection for this condition is granted.

The Veteran's service connection claims for right and left ankle disabilities have been denied as there is no evidence of a current disability or a link between the claimed in-service injuries and his current symptoms.

The Board has decided to remand the case for additional development, including obtaining medical records and Social Security disability application information. The Veteran's right ankle disability will be evaluated through a VA examination.