Ankle decisions — 2015

The Veteran's current GERD/dyspepsia, umbilical hernia, and right inguinal hernia were incurred during his military service.

The Veteran's claims for increased ratings have been denied as there is no current hearing loss disability and the maximum schedular rating available for tinnitus is 10 percent.

The Veteran had a preexisting left ankle disability that was aggravated during service, and therefore, the Veteran's qualifying service for improved death pension benefits has been established.

The Veteran's hypertension has not met the criteria for a higher initial disability rating in excess of 10 percent during the entire initial rating period on appeal.,The Veteran's right ankle strain has not met the criteria for a higher initial disability rating in excess of 10 percent during the entire initial rating period on appeal.

The Board has determined that the Veteran's claimed disabilities are not related to his military service or a service-connected disability, and therefore, denied the claims for service connection.

The Veteran's claims for increased ratings for his left ankle fracture and left shoulder impingement disabilities have been denied. The Veteran is currently rated at 10 percent for the left ankle fracture prior to March 1, 2012, and at 20 percent thereafter. For the left shoulder impingement, he is rated at 10 percent. His tinnitus claim remains pending.

The Board has determined that the Veteran's fractured left ankle medial malleolus is service-connected, as it is less likely than not caused by or a result of an injury sustained during active duty.

The Veteran withdrew his appeal on the issues of entitlement to service connection for a right ankle disability, bilateral hearing loss, and a right inguinal area scar.

The Board found that the Veteran's current left ankle, left knee, and right hip disabilities were not incurred in service. The VA examiner opined that the left ankle disability was not caused by or a result of an in-service injury.

The Veteran's claim for service connection for left ear hearing loss is granted. The Board finds that the evidence supports a finding of in-service noise exposure and current hearing loss, which are related to his military service.

The Veteran's service-connected residuals, post-operative left ankle fracture and lumbosacral strain have been rated at the maximum available rating of 20 percent for each condition. The Board finds that these ratings are appropriate based on the evidence showing marked limitation of motion in the left ankle and painful motion with guarding not resulting in abnormal gait or spinal contour.

The Veteran's service-connected right ankle disability was found to be manifested by no more than moderate limitation of motion prior to October 23, 2010. From that date forward, the disability is manifested by marked limitation of motion warranting a 20% rating.

The Veteran's claims for service connection, increased ratings, and new and material evidence have been denied. The Board found no current disability manifested by degenerative arthritis separate from other disabilities on appeal.

The Veteran's left ankle sprain is rated at 20 percent, and his right Achilles ankle sprain with arthritis is rated at 10 percent. Both conditions are considered to be of direct service origin.

The Veteran's claim for service connection for a kidney disorder was denied as there is no diagnosed kidney disorder at any time during the period on appeal. The Board finds that additional development is required to determine whether the Veteran has a separately diagnosed cognitive disorder and, if so, whether it is possible to differentiate the Veteran's symptoms of his dysthymic disorder from those of his cognitive disorder.

The Veteran's appeal is granted, with the exception of the claim for a compensable disability rating prior to March 1, 2011 for left upper extremity scar. The remaining claims are also granted.

The Veteran's PTSD has been granted a higher initial rating of 70 percent, effective March 5, 2012. Service connection for tinnitus, bilateral hearing loss, sleep apnea, migraines, back injury, and residuals of left ankle/foot injury have also been established.

The Veteran does not have any current diagnosis of a left ankle disability and the VA examiner found no evidence of such. The claim for service connection is denied.

The Board found that the Veteran's current right ankle disability with foot drop was not incurred in or aggravated during service and denied his claim for service connection.

The Veteran's claims for service connection and TDIU are being remanded due to inadequate medical opinions in the previous VA examinations.