Ankle decisions — 2016

The Board has remanded the claims due to incomplete development, specifically failing to obtain a supplemental VA medical opinion for the lumbar spine and rescheduling an examination for the right ankle. The Veteran's service records show complaints of back pain in service and post-service right ankle surgeries.

The Board has remanded the case due to the need for a video-conference hearing and will handle any additional development as needed.

The Veteran is seeking service connection for bilateral knee strain, early mild degenerative joint disease/osteoarthritis of the bilateral knees (slight spurring posterior patella), and bilateral ankle strain, claimed as residuals of bilateral leg fractures. The case must be remanded to obtain a supplemental medical opinion addressing the etiology of these conditions.

The Veteran's TDIU claim is denied as he is currently gainfully employed and his service-connected disabilities do not prevent him from securing or following substantially gainful employment.

The Board has determined that further development is needed to obtain private treatment records and an adequate medical opinion regarding the Veteran's left ankle disability. The case will be remanded for these actions.

The Veteran's appeal for an increased evaluation for Reiter's syndrome, which was initially granted in June 2010 and subsequently increased to 60 percent effective January 1, 2009, has been denied. The Board remanded the case for additional development.

The Board has granted service connection for degenerative arthritis of the right shoulder and finds that the Veteran's current back disability is less likely than not related to his military service. The Veteran's claims for increased ratings for left ankle arthritis and plantar fasciitis of the left foot are remanded due to inadequate examination reports.

The Veteran's left ankle disability was granted service connection and rated at 30 percent effective June 20, 2014. The claim for a higher rating is denied.

The Board has granted the Veteran's claim of entitlement to service connection for a right ankle disability, finding that it is related to his service-connected plantar fasciitis.

The Board denied all issues related to the Veteran's claims, finding that his right ankle disability did not warrant a compensable rating and that his knee disabilities were rated appropriately. The effective dates for service connection of his knee conditions were also denied.

The Veteran's claim for service connection is being remanded due to the need to obtain additional disability and employment records from the State of Washington regarding his award of state disability benefits.

The Veteran's claim for service connection for residuals of a right heel injury was denied. The claim for reopening the left hand and fingers disability was granted, but no current disability is shown at this time. Service connection for secondary disabilities related to the ankle, eye, neck, and ring finger injuries were not established.

The Board has granted service connection for tinnitus and a 10 percent rating for chronic left ankle strain, finding that the Veteran's symptoms meet the criteria for these conditions.

The Veteran's service-connected disabilities meet the schedular rating requirement for assignment of a TDIU and he is reasonably shown to be unable to secure or follow a substantial gainful occupation as a result of these disabilities. The claim for increase in left shoulder disability remains pending.

The Board has determined that the Veteran's postoperative right ankle disability warrants referral for consideration of an extraschedular rating, and this case is being remanded to allow VA to consider this matter.

The Board has determined that the Veteran does not have current diagnoses of a right jaw or right ankle disability, and thus service connection for these conditions is denied.

The Board denied service connection for right ankle and right knee disorders in February 2007. The Veteran's claims of reopening these issues are still pending.,The Veteran has not submitted new and material evidence to reopen his claim of service connection for a lumbosacral spine disorder, psychiatric disability including PTSD, or tinea cruris.

The Board has determined that the Veteran's claimed cervical spine, bilateral knee, and bilateral ankle disabilities are not related to his active service or any incident of service.

The Board denied the Veteran's claims for service connection for various conditions, including right ear hearing loss, left shoulder disability, lower respiratory disease, gastrointestinal disability, and headache disability. The appeals were remanded multiple times but ultimately denied.

The Veteran's right ankle disability is characterized by pain, instability, and limitation of motion that more nearly approximates marked limitation of ankle motion. The Board finds a rating in excess of 10 percent for the right ankle disability is warranted.