Ankle decisions — 2015

The Veteran's claims for increased evaluations and service connection are being remanded due to the need for additional examinations.,The Veteran is seeking an initial compensable evaluation for his bilateral hearing loss. The VA will provide a new examination to assess the current severity of this condition.,The Veteran seeks service connection for right ankle disability, sleep apnea, GERD, sinus disability, pes planus (flatfoot), and right knee disability. A VA examination is needed to determine the etiology of these conditions.,The Veteran claims that his sleep apnea may be related to military service. The VA will provide a new examination to assess whether this condition was caused by or is the result of his military service.,The Veteran seeks service connection for GERD, which he believes may be related to in-service gastrointestinal issues. A VA examination will determine if there is a link between his current condition and his military service.,The Veteran claims that his sinus disability may be linked to military service. The VA will provide an examination to assess the etiology of this condition.,The Veteran seeks service connection for pes planus (flatfoot), which he believes was aggravated by military service. A VA examination is needed to determine if there is a link between his current condition and his military service.,The Veteran claims that his right knee disability may be related to military service. The VA will provide an examination to assess the etiology of this condition.

The Veteran's initial compensable ratings for DJD of the left ankle and patellofemoral syndrome of the left knee have been denied. The appeal is not about service connection, but rather the evaluation of these conditions.

The Board has granted presumptive service connection for a right ankle disability as a qualifying chronic disability under the provisions of the Persian Gulf Veterans' Act.

The Board found that the Veteran's varicose veins, low back disability, and bilateral ankle disability are not related to his active duty service or caused by or aggravated by his service-connected bilateral knee disability. Therefore, these claims for service connection have been denied.

The Board has reopened the claims for service connection for a hematoma of the abdominal wound, atopic dermatitis, right hip disability, right ankle disability, spastic colon, tinea pedis, and hemorrhagic gastritis. The new evidence received since the last final denial is sufficient to reopen these claims.

The Veteran's appeal is being remanded for further development, including additional VA examinations and consideration of his claims. The issues include service connection for a sleep disorder, as well as increased ratings for various foot and ankle disabilities.

The Veteran's appeal is being remanded due to the need for additional development of his medical records and an examination to determine the likely etiology of any diagnosed foot or ankle disabilities.

The Veteran's service-connected Achilles tendonitis of the right ankle is currently rated as 10 percent disabling under DC 5271, which rates limitation of motion. The Board finds that the preponderance of evidence does not support an evaluation in excess of 10 percent.

The Veteran's claims for service connection for a stomach disorder, increased rating for right ankle disability, and initial ratings for degenerative arthritis of the shoulders and knees were denied. The reduction in evaluation for chronic lumbar strain with degenerative joint disease was also found to be improper.

The Board has decided to remand the case for further development, including obtaining VA and private treatment records, scheduling a VA examination, and considering the Veteran's claim again.

The Veteran's right chronic Achilles tendonitis is rated at 10 percent, the maximum available under Diagnostic Code 5271. Service connection for cervical spine arthritis and left upper extremity radiculopathy (due to cervical spine disability) are granted as they are related to service-connected conditions. Migraine headaches are also service connected. Thoracic outlet syndrome is not service connected due to lack of a nexus. Somatic symptom disorder and antisocial personality disorder are service connected, while borderline personality disorder is not.

The Veteran's tinnitus was incurred in service and the Board finds that he is entitled to service connection for this condition. The Veteran's right ear hearing loss, ankle disabilities, knee disabilities, foot disabilities, left eye disability, hypertension, and sleep apnea are presumed to have been incurred due to his exposure to noise during military service.

The case is being remanded for additional development of medical records and a VA examination to determine the etiology of the Veteran's right knee and ankle disabilities, as well as his HIV. The issue of whether new and material evidence was received to reopen a claim for service connection for right ear pain will also be addressed.

The Board has determined that new and material evidence was not received to reopen the Veteran's claims of service connection for right and left ankle disorders, including as secondary to residuals of fractures of both heels as secondary to the service-connected disability of heel spurs, left foot. As such, these claims remain denied.

The Board has remanded the case due to incomplete records and needs further examination for the Veteran's claimed disabilities.

The Veteran meets the schedular criteria for a TDIU and his service-connected disabilities preclude him from securing or following a substantially gainful occupation.

The Veteran's claimed right lower extremity conditions, including shin splints, knee disorders, and ankle disorder, are not shown to be related to service. As such, the claims for these conditions have been denied.

The Board has remanded the case for a VA medical examination with an orthopedist to address whether the Veteran's service-connected bilateral plantar fasciitis with pes planus caused or aggravated his current ankle, knee, low back, and neck disabilities.

The Veteran's right ankle disability is currently rated at 20 percent for the period from April 30, 2009 to January 8, 2014.,For the period after January 8, 2014, a higher rating of 20 percent has been granted.

The Board has reopened the claims of service connection for left knee disability, residuals of right ankle injury, and right wrist disability. The new evidence shows current disabilities related to service.