Ankle decisions — 2014

The Veteran's appeal is being remanded for a videoconference hearing at the RO in Roanoke, Virginia. The issues of service connection and evaluation remain unresolved.

The Veteran's claims for increased ratings for his left ankle sprain and instability, as well as his claim for a TDIU, are being remanded due to the need for additional development including VA examinations and obtaining outstanding medical records.

The Veteran's claim for TDIU has been remanded due to insufficient consideration of his education, training, and work history in relation to his service-connected disabilities. The case is now pending further development.

The Veteran's right ankle disability has been rated at 10 percent, but the evidence does not support a higher rating.,New and material evidence has been submitted to reopen claims for service connection of residuals of groin strain and left ankle disorder.

The Veteran's low back, bilateral ankle, and right hip disabilities are not service-connected as they were not incurred or aggravated by active service.,However, the VA examiner opined that these disabilities are secondary to his service-connected right knee disability.

The Veteran's service-connected disabilities, including PTSD with anxiety reaction and other conditions, contributed to his death. The appeal for DIC benefits under 38 U.S.C.A. § 1318 is dismissed as moot.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and requesting SSA disability benefits records. A new VA examination will be scheduled to address the nature and severity of his service-connected residuals of a shell fragment wound, left calf, and the etiology of any left ankle disability.

The Veteran's post-concussion disorder has been rated at the highest level of impairment, warranting a 40 percent disability rating.

The Veteran's appeal to establish that his substantive appeal was timely filed regarding the May 2007 rating decision was denied. The Board also found that his appeals for earlier effective dates and increased ratings were not timely filed.

The Veteran's appeal for increased compensation for service-connected hemorrhoids was denied. Service connection for sleep apnea and a left ankle disability were also denied, as the evidence did not support their existence or relation to service. The Veteran's TDIU claim was also denied due to his service-connected hemorrhoids not preventing him from engaging in gainful employment.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his right ankle and knee disabilities.

The Veteran's traumatic brain injury and obstructive sleep apnea are found to be service-connected. The PTSD is assigned a 50% disability rating, the left knee and right knee conditions are each rated at 10%, the shoulder strains are not service-connected, the wrist condition does not meet criteria for a higher rating, the spine strain is rated at 10%, the ankle strains do not warrant a higher rating, the hiatal hernia with GERD is rated at 10%, and the headaches are assigned a 30% disability rating. The Veteran's hypertension, DVT, restless leg syndrome, IBS, erectile dysfunction, and hypertensive cardiovascular disease are each rated at 10%.

The Board has remanded the Veteran's claims due to additional evidence received since the last decision. The claims will be reviewed again by the RO.

The Veteran's claims for service connection and initial rating for left ear hearing loss, right ankle disability, and left wrist disability were denied. The Board found that the evidence did not support a compensable rating for left ear hearing loss or service connection for any of the other conditions.

The Veteran's cluster headaches have been granted a 10 percent initial evaluation, effective as of the date of the July 2013 rating decision. The back disability and right ankle surgery with strain issues are both granted.

The Veteran's service-connected right ankle sprain and left hip disability have raised the issue of entitlement to TDIU, as his employment has been affected by these conditions. The Board is remanding this case for further development.

The Board has denied the Veteran's claim for service connection of a bilateral knee disability secondary to his service-connected bilateral pes planus with ankle pain. The Veteran's current rating for his service-connected bilateral pes planus with ankle pain remains at 30 percent.

The Board found that the Veteran does not have current disabilities for any of the claimed conditions and thus denied her claims.

The Board has granted an earlier effective date of March 6, 2006 for the grant of service connection for degenerative arthritis of both ankles. The Veteran's initial claim to reopen was received on March 6, 2006.

The Board has determined that the Veteran's current left ankle and knee disabilities are not related to his military service, as there is no evidence of chronic conditions during or within one year after service. The pre-existing fracture did not chronically increase in severity.