Ankle decisions — 2015

The Veteran's service-connected disabilities are so severe as to preclude him from obtaining or maintaining employment, physical or sedentary, which could be considered substantially gainful versus just marginal in comparison when realizing his level of education, prior work experience and training.

The Veteran's tinnitus was granted service connection as it is considered an organic disease of the nervous system. The left ankle disability was also granted service connection, with the theory being direct service connection based on evidence showing functional loss due to pain.

The Veteran developed recurrent ankle sprains during service, and VA examinations have consistently diagnosed this condition. The Board finds that the evidence supports a grant of service connection for recurrent bilateral ankle sprains.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records and scheduling the Veteran for a VA examination to assess the current severity of his lumbar spine and left ankle disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and scheduling VA examinations to address the nature and etiology of his claimed conditions.

The Veteran's initial and subsequent ratings for his left ankle disability were denied as the evidence did not meet the criteria for a compensable rating prior to March 5, 2009, or in excess of 10 percent from March 5, 2009 to January 12, 2011.

The Board has determined that the Veteran's right ankle disorder is related to his service-connected left knee disability, and thus grants the claim for service connection.

The Veteran's service-connected conditions do not meet the criteria for enhanced/higher SMC based on his multiple service-connected disabilities.

The Board has determined that the Veteran's left ankle sprain with tendonitis is at least as likely as not caused by military service and grants her claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining records from his primary care physician and orthopedic specialists. The case will be readjudicated after the requested information is obtained.

The Veteran's appeal is being remanded for additional development to determine the etiology of his claimed right and/or left ankle disability, plantar fasciitis, and lumbar spine disability.

The Veteran's claims for increased ratings and service connection have been denied as there is no current evidence of the claimed disabilities.

The Board has found new and material evidence to reopen service connection for a right knee disorder and bilateral ankle disorder, both of which are presumed due to service in the Gulf War Theater. The Veteran's current symptoms qualify as qualifying chronic disabilities.

The Veteran's disability status post left fibula fracture with surgical scar and post-traumatic arthritis of the left ankle and left knee was evaluated as 20 percent disabling through July 15, 2011. The VA examination reports provided sufficient evidence to support this rating.

The Veteran seeks service connection for ankylosis of the right ankle, which she claims was caused by a fall resulting from her service-connected right knee disabilities. The Board finds that the current examination and opinion are inadequate and requires a new VA medical opinion to address whether the ankle disorder is proximately due or aggravated by the knee disabilities.

The Board found that the Veteran does not have a left ankle disability related to her service and denied her claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and scheduling VA examinations to assess the nature and etiology of his claimed disabilities.

The Veteran's combined rating for his service-connected disabilities is 60%, which does not meet the schedular requirements for a TDIU. However, due to his employment history and education level, he may be unemployable as a result of his lumbar spine disability on an extraschedular basis.

The Board has determined that the Veteran's bilateral ankle disorder is related to his service and has granted service connection for this condition.

The Board finds that the Veteran does not have a diagnosed right ankle condition and thus, service connection for this disability is denied.