Ankle decisions — 2015

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to determine the nature and etiology of his claimed disabilities.

The Veteran's appeal is being remanded due to the need for a Board hearing via live videoconference at the RO.

The Veteran's claims for effective dates prior to August 26, 2009 for the awards of service connection for various joint conditions have been denied as there is no evidence or correspondence in the record that was received prior to August 26, 2009 which could be construed as either a timely notice of disagreement and/or a CUE challenge to the rating decisions which assigned (in December 1973) and continued (in June 1999) the noncompensable rating for migratory arthritis of multiple joints.

The Veteran's service-connected disabilities, including PTSD, lumbar pain syndrome, left ankle limited motion, and lower extremity radiculopathy, have rendered him unable to secure or follow a substantially gainful occupation. The Board finds that he meets the criteria for a TDIU.

The Veteran's service-connected disabilities, including diabetes mellitus, coronary artery disease, PTSD, anal fissure, lumbar spine degenerative disc disease and osteoarthritis, tinnitus, peripheral neuropathy, right ankle laxity, inguinal hernia repair residuals, left ear scar, groin scar, and erectile dysfunction, collectively preclude him from obtaining or retaining substantially gainful employment.

The Veteran's appeal is being remanded to obtain additional medical records and for further development.

The Veteran's claim for increased ratings for gouty arthritis of the elbows, knees, Achilles tendons, ankles, and great toes has been denied as his conditions do not meet the criteria for a rating in excess of 60 percent.

The Veteran's claims for increased ratings for her left ankle and knee disorders were denied as the evidence did not support a higher rating under applicable diagnostic codes.

The Veteran's current left foot and ankle impairments are not attributable to his VA surgery, as they are manifestations of peripheral neuropathy. The Board finds that the proximate cause of these disabilities is not due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.

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

The Board has determined that the Veteran's current right shoulder, right ankle, left knee, left hip, mid-back, and bilateral thumb conditions are related to his service due to combat injuries. The appeal is granted.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and updating treatment records. The TDIU claim is also being remanded.

The Veteran's claim for a compensable disability rating for hemorrhoids was denied, and the Board found that there were no external or internal hemorrhoids meeting the criteria for a higher rating. The right ankle disability claim is remanded as it lacks an opinion regarding its etiology.

The Veteran's degenerative changes of the cervical spine have been rated at 10 percent since July 27, 2009.

The Board has determined that the Veteran's current back disability, left shoulder disability, and left ankle disability are related to his service. The claim for increased rating for PTSD is granted.

The Veteran's appeal is remanded due to the need for updated treatment records and a new VA examination to assess his left ankle disability.

The Veteran's appeal involves multiple conditions and issues, including service connection claims for various health problems. The Board has scheduled a Travel Board hearing to address these matters.

The Board has determined that the Veteran's service-connected right ankle disability, which was a result of his military service, contributed to his death from pulmonary thromboembolism. The cause of death is therefore service connected.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to determine the nature and etiology of his claimed disabilities.

The VA determined that the Veteran does not have a current right ankle disorder and found no evidence of any residuals from his in-service ankle sprain.