Ankle decisions — 2015

The Board has determined that additional medical opinions are needed to address the etiology of the Veteran's left ear hearing loss and right ankle condition, as well as to clarify his current psychiatric diagnoses. The claims for service connection on these issues are being remanded.

The Board denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, loss of vision, stomach disorder, deviated nasal septum, left and right pes planus, respiratory disorder to include asthma, and left ankle disability. The decision is based on a finding that these conditions are not attributable to service.

The Board has granted service connection for tension headaches, denied service connection for night tremors, granted increased disability ratings for lumbosacral strain and right ankle disability, and remanded the issues of TDIU and reopening of service connection for tension headaches.

The Veteran's appeal is being remanded for additional development, including a new VA examination by an orthopedic specialist to determine the nature and etiology of his claimed left knee and ankle disabilities.

The Board has determined that the Veteran's tinnitus and hearing loss are service-connected, but his bilateral ankle disability, neck pain, skin cancer, and other conditions do not meet the criteria for service connection.

The Veteran's current respiratory disorder, including allergic rhinitis and sinusitis, is not shown to be causally or etiologically related to his active military service.

The Board has determined that an additional medical opinion is needed to address the etiology of the Veteran's back condition, particularly whether it is related to his service-connected right ankle disability or if it is a separate issue. The case will be remanded for this purpose.

The Veteran's service-connected left ankle sprain with osteoarthritis and TMJ syndrome are not rated higher than the current 20 percent for the ankle disability, and no compensable rating is assigned for the TMJ syndrome.

The Veteran's right ankle disability was previously rated at 20% prior to July 26, 2014. Since then, the VA has determined that a higher rating of 30% is warranted due to ankylosis in dorsiflexion between 0 and 3 degrees.

The Board denied the Veteran's claims of service connection for a right knee disorder and a right ankle disorder, finding that there was no evidence of current disabilities or in-service incurrence/aggravation.

The Veteran's claims for increased ratings were denied as her conditions did not meet the criteria for higher evaluations under applicable diagnostic codes.

The Veteran's claims for bilateral pes planus, left knee pain, and bilateral ankle sprains were denied as they are not related to service. The claim for increased evaluation of migraines prior to March 4, 2013 was also denied.

The Veteran's bilateral pes planus disability is rated at 50 percent effective January 28, 2015. The Veteran is granted a compensable rating for left foot hallux valgus and right and left lower extremity scars. The Veteran's right hammer toes and left hammer toes are each assigned initial 10 percent ratings. The Veteran's lower left and right ankle equines disabilities are each rated as non-compensable.

The Board has remanded the case for additional development due to inadequate VA opinions regarding functional loss during flare-ups.

The Board has reopened the issue of whether the Veteran's character of discharge from his period of service is a bar to VA benefits, but the issues of service connection for various conditions remain pending.

The Board has granted service connection for an acquired psychiatric disorder, to include depressive disorder. The claims of service connection for a low back disability, joint pain, hepatitis C, and tinea pedis are remanded.

The Board has remanded the TDIU issue due to a lack of SSA records and for consideration under 38 C.F.R. § 4.16(b) given the Veteran's service-connected disabilities prevent him from securing or following substantially gainful employment.

The Veteran's appeal is remanded due to the need for additional development, including obtaining updated VA treatment records and a VA orthopedic examination.

The Veteran's service-connected left ankle strain, right foot disability, and left thumb injury have been granted initial ratings of 10 percent each. The acquired psychiatric disorder remains in dispute.

The Board has decided to remand the case for additional development, including obtaining missing service treatment records and providing an addendum opinion from a VA physician.