Ankle decisions — 2015

The Board dismissed the appeal due to the appellant's withdrawal of the appeal in writing.

The Veteran's appeal is being remanded for further development, including obtaining a VA examination and determining the Veteran's receipt of SSA disability benefits. The special monthly compensation claim will also be remanded.

The Veteran's appeal is being remanded due to the need for a videoconference hearing. The issues of entitlement to initial compensable disability ratings and service connection are not addressed in this decision.

The Veteran's claims for increased ratings have been granted, with a 10% evaluation assigned for each of the three service-connected disabilities.

The Veteran's appeal is being remanded due to her failure to report for a scheduled videoconference hearing. Her initial rating claims for thoracolumbar strain and right ankle strain are still pending.

The Veteran was granted service connection for PTSD, but denied for right ankle disability, prostate disability (due to herbicide exposure), and pulmonary respiratory disability. The prostate disability claim is based on presumed exposure to herbicides during service.

The Veteran's right ankle disability has been manifested by no more than moderate limitation of motion throughout the appeal period. A rating of 10 percent is assigned for his service-connected right ankle disability.

The Board found no evidence of a currently diagnosed bilateral ankle disorder, cervical spine degenerative joint disease, or low back degenerative changes that are related to service. The Veteran's claims for these conditions were denied.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection for right foot and ankle disabilities. This includes obtaining a complete copy of his service treatment records, scheduling VA examinations, and determining if any new evidence should be considered.

The Board has determined that the Veteran does not have a currently diagnosed disability related to bilateral ankle strain, and his service-connected left forearm, chest, and upper abdomen scars do not warrant an initial compensable rating. The Veteran's request for withdrawal of his appeal on the issue of entitlement to an initial rating greater than 30 percent prior to March 17, 2014, and greater than 60 percent thereafter, for arteriosclerotic heart disease and ischemic heart disease has been granted.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA and private treatment records, as well as a new VA examination to assess the severity of his service-connected disabilities.

The Board finds that the Veteran's left ankle condition was not incurred in service and there is no evidence to show any aggravation during service. Therefore, the claim for service connection for a left ankle disability other than fibromyalgia is denied.

The Veteran's case is being remanded for additional development, including obtaining medical records and providing an examination to determine the nature and etiology of her right knee disability, as well as evaluating her left knee chondromalacia patella, flat feet, and right ankle instability.

The Veteran's appeal is being remanded for further development, including obtaining VA and private treatment records, scheduling a VA examination to determine the nature and etiology of his right ankle disability, and providing medical opinions regarding service connection.

The Veteran's appeal has been withdrawn by the appellant and his representative prior to any decision being made by the Board.

The Veteran's appeal regarding a higher initial rating for his right ankle disability and residual scar, as well as the issue of service connection for sciatic nerve impingement affecting his right lower extremity (claimed secondary to his back disability), was granted by the Board.

The Veteran's initial ratings for his right ankle disability have been denied. He is currently rated at 20 percent since January 30, 2010.

The Veteran's left ankle disorder is not considered to be caused by VA care, and therefore compensation under 38 U.S.C.A. § 1151 is denied.

The Board has remanded the case for a new VA examination with an industrial/occupational specialist to determine whether the Veteran's service-connected disabilities render him unemployable. The TDIU claim will be reconsidered following this development.

The Board has remanded the case due to inadequate examination report and failure to comply with previous remand directives. The Veteran's claim for service connection for a right ankle disability, claimed as residuals of a right ankle fracture, is now recharacterized as secondary to her service-connected left ankle disability.