Ankle decisions — 2015

Service connection for a skin disorder (chloracne) has been reopened and granted.,No service connection issues were resolved in this decision.,Right foot hallux valgus was found to be related to the service-connected right knee disability, but not due to service exposure or combat.,Right hip degenerative joint disease is secondary to the service-connected right knee arthritis.,Right ankle disorder is also secondary to the service-connected right knee disability.,Lumbar spine arthritis is not related to service and was found to be secondary to the service-connected right knee disability.,No eyelid disorder has been established as a result of service or exposure.,Residual acne scars from chloracne are considered service connected due to herbicide exposure.,Respiratory disorders (COPD, chronic bronchitis) were not related to service and are presumed due to Agent Orange exposure.,Prostate disorder is also presumed to be due to herbicide or trichloroethylene exposure.

The Veteran's claims for service connection have been denied as new and material evidence has not been received to reopen the previously denied claims of service connection for injuries sustained on July 31, 1976.

The Board has reopened the claims for service connection for low back, right knee, right ankle, and left ankle disorders due to new evidence submitted since the last final denial. However, the underlying merits of these claims remain pending.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for a left ankle sprain. The Veteran's current left ankle sprain is found to have its onset during her period of service, warranting service connection.

The Veteran's claims of service connection for left foot and ankle disabilities have been reopened. The claim for back disability is pending, with the decision on whether it meets the criteria for 38 U.S.C.A. § 1151 benefits being mixed.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of service connection for mild degenerative changes of the left foot and phlebolymphedema involving the left foot, ankle, and lower leg. The claim remains denied.

The Board denied the Veteran's request to reopen his claims of entitlement to compensation pursuant to 38 U.S.C. § 1151 for an additional left ankle/left foot disability, as well as his service connection claims for kidney disorder and diabetes mellitus, and hypertension. The denial was based on a lack of evidence showing carelessness or negligence by VA in the treatment provided.

The Board found that the appellant's preexisting right ankle fracture did not worsen during service, and thus denied his claim for service connection.

The Board has remanded the claims for additional development due to inadequate opinions regarding the Veteran's back and right ankle disabilities.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination by a vocational specialist to assess his ability to secure and maintain substantially gainful employment due to his service-connected disabilities. The claim will also be referred to the Director of Compensation for consideration of an extra-schedular TDIU if he does not meet the scheduler criteria.

The Veteran's tinnitus is service-connected, and his left ankle and knee conditions are each rated at the maximum allowable under VA regulations.

The Board has remanded the case for further development and readjudication, including obtaining updated treatment records, scheduling a VA examination, and issuing an SOC on additional claims.

The Board found that the August 1989 rating decision was not clearly and unmistakably erroneous, and denied the Veteran's claim for a higher rating for his service-connected left ankle strain.

The Board has determined that the Veteran's current right ankle disorder did not manifest during his active military service or within one year after separation, and there is no evidence linking it to his service. The claim for service connection is therefore denied.

The Board has remanded the case for further development due to a lack of sufficient detail in the November 2014 VA examination report and because the Veteran terminated the examination after a confrontation with the examiner. The case is now being returned to the AOJ for additional action.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for his bilateral pes planus with triple arthrodesis, left foot, prior to January 14, 2011, or since January 14, 2011. He was also denied ratings in excess of 30 percent for painful scars and amputation of the right great toe at the level of the metatarsophalangeal joint. The Veteran's claim for separate service connection for additional left foot limitation secondary to arthrodesis was not supported by the evidence.

The Veteran's appeal is being remanded to the RO for scheduling a videoconference hearing and issuance of a statement of the case on his claims.

The Board has reopened the Veteran's claims for service connection for left knee and right ankle disorders as secondary to a service-connected low back disorder. The claims are granted.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for a left ankle disability, and that service connection is warranted.

The Veteran's PTSD is currently rated at 50% since September 30, 2008 and increased to 70% effective June 18, 2010. The Veteran also received a TDIU rating effective January 14, 2010.,The left ankle disability claim has been reopened due to the submission of new evidence.