Ankle decisions — 2015

The Veteran's fibromyalgia is presumed to have been incurred during active duty service and granted service connection.

The Board has remanded the case for additional development, including obtaining private medical records and clarifying whether there is malunion of the os calcis. The Veteran's claim remains on appeal.

The Board has determined that the Veteran does not have a currently diagnosed left ankle or left foot disability, and any such disabilities are not related to his service-connected right knee bursitis.

The Board has decided to remand the case for further development and consideration, including obtaining an addendum opinion from a VA examiner regarding the Veteran's right ankle disorder.

The Veteran's appeal is being remanded for additional development as his left knee and left ankle disabilities have not been evaluated in over four years, and there are indications of worsening symptoms.

The Board denied service connection for bilateral ankle disability, finding that the Veteran's current right ankle lateral collateral ligament sprain (chronic/recurrent) is not related to his active duty service.,Service connection was also denied for a bilateral shoulder disability. The VA examiner concluded that DJD of the right shoulder is less likely than not related to any in-service event or injury, and there is no evidence of left shoulder condition during service.,The Board found that the Veteran's current nerve irritation manifested as left shoulder pain is proximately due to his service-connected cervical spine disability. Therefore, service connection for a pulmonary disability was granted.

The Veteran's service-connected disabilities render him unable to follow a substantially gainful occupation, meeting the criteria for TDIU.

The Board found that the Veteran's right ankle disability was not incurred in or aggravated by service, and denied his claim. For his back disability, a remand is required to obtain an opinion regarding its etiology.

The Veteran's appeal for increased ratings and TDIU was granted. The Veteran is now entitled to a total disability rating based on individual unemployability due to service-connected disabilities.

The Veteran's claims for service connection for left ankle and left foot disabilities are being remanded due to the need for additional medical examination and development of records.

The Veteran's appeal is being remanded due to incomplete records and the need for a VA examination. The examiner will determine if his service-connected disabilities result in loss of use of one foot or both feet.

The Veteran's left ankle disability is rated at the maximum allowable under the rating schedule, which grants a 40 percent disability rating effective August 22, 2006.

The Board has determined that the Veteran's right and left ankle disabilities do not warrant a rating in excess of 20 percent at any time during the appeal period.

The Veteran's case is being remanded for further development to determine if he requires aid and attendance or is housebound due to his service-connected disabilities.

The Veteran's appeal is being remanded for additional development of his service connection claims, including obtaining VA treatment records and a TBI examination. His initial rating claim for a right little finger disability and TDIU are also being remanded.

The Veteran's claims for service connection for right elbow condition, left ankle condition, and hypertension were denied. The Board found that new evidence did not relate to an unestablished fact necessary to substantiate the claim for right elbow condition. Service connection was also denied for left ankle condition and hypertension due to lack of current disability.

The Veteran's death was not due to his own willful misconduct, and he had a service-connected disability rated as totally disabling for at least one year immediately preceding his death. However, the appellant did not meet the requirements for DIC benefits under 38 U.S.C.A. § 1318.

The Veteran's appeal for service connection for cold injuries of the upper and lower extremities with polyneuropathy is dismissed. The Board finds that he has current diagnoses of osteoarthritis of his right ankle and an acquired psychiatric disorder, to include PTSD, anxiety disorder, and dysthymic disorder, which are related to his active military service.

The Veteran's appeal for increased ratings and effective date was denied. The Board also found that the Veteran wanted to withdraw his appeal for a higher rating for right knee instability.

The Veteran's appeal is being remanded for further development, including issuance of Statements of the Case and scheduling a videoconference hearing. The issues include rating an increased disability for bilateral pes planus, service connection for various disabilities, and review of a reduction in rating for plantar fasciitis.