Ankle decisions — 2015

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for additional disability resulting from VA medical treatment in 1977, 1978, and 1979. The Board finds that a remand is necessary to determine if the Veteran's current left ankle disability may be attributed to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Veteran's appeal is being remanded for further development, including a new examination to evaluate his service-connected disabilities and their impact on his employability.

The Board has reopened the Veteran's claim for service connection for sleep apnea and granted it. The other claims are pending further development.

The Veteran is seeking service connection for a left ankle disorder that he believes is secondary to his already service-connected closed head injury residuals with basilar skull fracture and gait ataxia. The Board has determined that additional development, including obtaining an addendum medical opinion, is necessary before the case can be fully adjudicated.

The Veteran's TDIU claim for the period from May 10, 2011 is granted. The Board finds that his service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation.

The Veteran's appeal is remanded due to the need for a new VA examination to assess the current nature and severity of his left ankle disability, as well as any worsening since the last VA examination in April 2010.

The Veteran's right ankle disability is rated at 40 percent effective September 1, 2012. The previous rating of 10 percent prior to that date is denied.

The Board has determined that the Veteran does not meet the criteria for service connection for any of the claimed conditions, including bilateral hearing loss and tinnitus. The evidence does not establish a current disability in these areas as defined by VA regulations.

The Veteran's claims for service connection for various conditions are being remanded due to the need for additional development and examination.

The Board has granted a 20 percent rating for the Veteran's right ankle degenerative changes prior to November 25, 2013, and has established service connection for degenerative disc disease of the lumbar spine as secondary to his service-connected right ankle disability. The effective date is not specified.

The Board found that the Veteran does not currently have left hand cellulitis with lymphangitis or a left ankle disorder, and thus denied service connection for these conditions.

The Board denied the Veteran's claims of service connection for bilateral knee and right ankle disabilities, finding that any current conditions are not related to his active duty service.

The Veteran's appeal is being remanded due to his request for a personal hearing before the Board of Veterans' Appeals. The RO should schedule a videoconference hearing.

The Board has reopened the claim for service connection for a bilateral ankle disorder and granted it. The digestive disorder claim is also granted.

The Veteran's appeal is being remanded for additional development to determine the relationship between his current right ankle and right knee disabilities and his military service.

The Veteran's appeal is being remanded for further development, including additional VA examinations to address the nature and etiology of his claimed psychiatric disorder, cervical spine, left ankle, right great toe, and left shoulder disabilities.

The Board has remanded the case for additional development, including obtaining service personnel records and scheduling a VA examination to determine the nature and etiology of the Veteran's right ankle disability. The claim will be reconsidered based on the new evidence.

The Veteran's claim for an increased rating for her right ankle disability was granted, with a 20 percent disability rating effective December 3, 2013.

The Veteran's claim for a higher rating for his service-connected left Achilles tendon repair with residuals of left ankle strain is being remanded due to the need for additional examination and development.

The Veteran's left and right ankle conditions were manifested by constant pain, swelling, and limited range of motion. The Board found that the evidence demonstrated a disability picture with additional functional loss based on flare-ups and pain, warranting an increased rating to 20 percent for both ankles prior to October 20, 2011.