Ankle decisions — 2015

The Veteran's right foot and toe numbness is proximately due to or the result of surgical treatment for a service-connected right ankle disability. The Board finds that service connection for right foot and toe numbness, secondary to a service-connected right ankle disability, is granted.

The Veteran's claim for service connection of a right knee disability has been denied as there is no current evidence of such a condition.

The Veteran's right knee disability has been rated at 20 percent, the maximum available rating under the General Rating Formula for Diseases and Injuries of the Knee. The claim for service connection for a left ankle condition was granted.

The Veteran's left ankle disability has been granted a 20 percent rating, effective from the date of this decision.

The Veteran's left ankle disability, including a fracture and arthritis, was rated at 10% from December 1, 2008 to August 26, 2009. A temporary total rating for convalescence following surgery was granted from August 27, 2009 through October 31, 2009. From November 1, 2009, the Veteran's disability is rated at 20%.

The Veteran's appeal is being remanded to obtain a Social and Industrial Survey to determine his employability due to service-connected disabilities, including PTSD, sebaceous cysts, and bilateral ankle disorders.

The Board has granted service connection for seasonal allergies and assigned a noncompensable rating. The appellant's other claims have been addressed, with some issues resulting in grants of service connection or increased ratings.

The Veteran's petitions to reopen previously denied claims for service connection have been considered. The appeals are currently in the denial stage.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board has determined that the Veteran does not have residuals of a traumatic brain injury that began in service or is causally related to service. His service-connected disabilities do not prevent him from securing or following a substantially gainful occupation.

The Board found that the Veteran's service-connected disabilities did not render him unemployable prior to October 19, 2005, and thus denied an earlier effective date for his TDIU rating.

The Veteran's claims for service connection for various conditions, including COPD, lumbar spondylosis, carpal tunnel syndrome of the upper extremities, varicose veins, and weakness in the legs, were denied as there is no credible evidence linking these conditions to his military service.

The Board has determined that the Veteran does not have residuals of a left ankle sprain and there is no in-service injury or disease related to this condition. As such, service connection for this disability cannot be granted.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the current severity of his service-connected residuals of right ankle sprain and obtaining any outstanding treatment records. Additionally, the issue of service connection for a lumbar spine disability secondary to service-connected residuals of right ankle sprain must be addressed in a statement of the case.

The Board has remanded the case due to insufficient rationale for a VA examiner's opinion regarding the Veteran's ability to work, and because of the need to obtain additional evidence including earnings history from Social Security.

The Veteran's appeal is being remanded to obtain additional VA treatment records and Social Security Administration (SSA) disability benefits records. The case will be readjudicated after these records are obtained.

The Veteran's service-connected disabilities necessitate the need for regular aid and attendance of another person, as evidenced by his significant limitations due to his service-connected lower extremity disabilities.

The Veteran's depressive disorder is related to his service-connected disabilities. His hearing loss and tinnitus are not related to service or any incident therein. The Veteran's left leg being shorter than the right leg is related to a service-connected disability.

The Board found that the Veteran's Parkinson's disease was not related to his military service and denied the claim for dependency and indemnity compensation based on service connection for the cause of death.

The Veteran's service-connected bilateral ankle disabilities have been granted increased ratings, with the right and left ankles receiving separate evaluations. The Veteran is entitled to a rating in excess of 10 percent for his right ankle disability prior to August 5, 2011, and on and after that date. He is also entitled to a rating in excess of 20 percent for his left ankle disability on and after August 5, 2011.