Ankle decisions — 2015

The Veteran's right ankle disorder has been rated at 40 percent since June 30, 2005 to September 13, 2013. The left ankle disorder claim is pending and will be remanded for further development.

The Board has determined that the Veteran's current right ankle disability was not incurred in active duty service and is therefore denied.

The Veteran's appeal involves multiple service-connected and undiagnosed illness-related claims, including for various musculoskeletal issues, tinnitus, sleep disorders, gastrointestinal problems, and psychiatric conditions. The case is being remanded to obtain additional medical records and authorize VA access to private treatment records.

The Board has decided to remand the case for further examination and opinion regarding service connection for a right ankle condition, including whether it is secondary to service-connected right knee internal derangement with instability.

The Veteran's claims of service connection for various conditions, including bilateral hearing loss, throat cancer due to smoking, gout involving the left great toe and ankles, a bilateral ankle disability other than gout, calcaneal bone spur of the right foot, and a left foot disability were denied. The Board found no evidence of current disabilities related to service or any presumptive conditions.

The Veteran's appeals for increased ratings and service connection were denied. The evidence did not meet the criteria for a higher rating based on limitation of motion or other symptoms associated with his service-connected conditions.

The Veteran's appeal is remanded due to the need for additional medical examination and records, particularly related to his left ankle disability.

The Veteran is seeking educational benefits under Chapter 30, but the RO determined he was ineligible. The Board has ordered a remand to obtain his complete service records and determine if any exceptions apply.

The Veteran's claims for service connection for right hip bursitis and bilateral knee disorder, both secondary to his service-connected right ankle and lumbar spine disabilities, were granted effective March 3, 2011.

The Board has granted a higher disability rating of 40 percent for the service-connected residuals of right ankle fracture with ligament tear, effective from July 16, 2014. The Veteran's other knee disabilities continue to be rated at 20 percent.

The Board found that the Veteran's current right ankle disability was not incurred during active service and denied his claim for service connection.

The Board has remanded the case for further development and consideration, including obtaining additional medical opinions regarding the Veteran's left foot disability and TBI claims.

The Board has determined that the Veteran's claims for service connection have been denied. The issues of bilateral eye disability, bilateral knee disability, and bilateral ankle disability were not addressed as they are moot due to a grant of service connection in another decision.

The Veteran's appeal is being remanded due to the failure to notify him of a scheduled video conference hearing. The case will be returned to the RO for scheduling a new hearing.

The Veteran's appeal for higher ratings for his right ankle surgical scar and residuals of a right ankle strain, status post fracture and surgical repair was denied. The Board found that the evidence did not support a rating in excess of 10 percent for either condition.

The Veteran's service-connected residuals of a fractured left ankle are rated at 10 percent, and his non-service connected right ear hearing loss disability is assigned a numeric designation of I. The combined numeric designations do not meet the criteria for a higher rating.

The Veteran withdrew his appeal for service connection of a left ankle disability prior to the Board's decision.

The Veteran's tinnitus is found to have had its onset during military service, and the Board has granted service connection for this condition. The left ankle instability issue remains pending as it was addressed in the REMAND portion of the decision.

The Veteran's claim for a higher rating for his service-connected right ankle disability is granted, with the effective date being September 10, 2013. The Veteran also has service connection established for arthritis of the right ankle and degenerative disc disease of the lumbar spine.

The Board has determined that additional development is needed to determine the current severity of the Veteran's service-connected disabilities and to obtain relevant medical records. The case will be returned for further action.