Ankle decisions — 2016

The Board denied service connection for a right ankle disorder, residuals of TBI, and hepatitis C as the evidence did not establish a nexus between these conditions and military service.

The Board has determined that the Veteran's bilateral ankle disability is caused by his service-connected bilateral pes planus, and therefore grants service connection for this condition on a secondary basis.

The Veteran's right ankle disability, characterized by deformity commensurate with malunion of the tibia and fibula with marked ankle disability, has been rated at 30 percent under Diagnostic Code 5262. The Board finds that this rating is appropriate given the evidence.

The Board denied the Veteran's claims for service connection for a back disorder and an increased rating for his right ankle fracture residuals with DJD, finding that the evidence did not support granting either claim.

The Board has determined that the Veteran's current right ankle and right knee disabilities are related to an injury sustained during Active Duty for Training (ACDUTRA) in July 1989, which is considered service-connected.

The Board found no evidence of a chronic left ankle or cervical spine disability during service, and the preponderance of the evidence is against finding that any current disabilities are related to service. The Veteran's service-connected bilateral pes planus and lumbosacral strain were not shown to have caused or aggravated his claimed disabilities.

The Board has granted service connection for a low back disorder, but denied service connection for hip and bilateral ankle disorders.,There is no evidence of chronicity or underlying disease process in service. The Veteran's current hip and ankle conditions are not linked to his period of service.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation, thus his appeal for TDIU on an extraschedular basis is denied.

The Board has remanded the claims for service connection and rating of the Veteran's right knee disability, as well as his right ankle, left ankle, low back, and right hip disabilities. The case is also remanded to obtain updated treatment records and provide new VA examinations.

The Board has remanded the case due to a need for additional service records and requests from the Veteran. The appeal will be returned to the RO for further development.

The Veteran's appeal is being remanded due to the need for additional medical examination and review of treatment records. The issue of a disability rating in excess of 20 percent for degenerative joint disease, right ankle remains on hold until further notice.

The Board has remanded the claims due to insufficient consideration of the Veteran's complaints of pain, swelling and stiffness in his feet and ankles as evidence of current disabilities. The case is now being returned for further development.

The Veteran's appeals for higher initial ratings for his bilateral shin splints and knee/ankle pain have been denied. The VA examinations did not find moderate knee or ankle disability associated with the shin splints.

The Veteran's increased ratings for his right and left ankle disabilities are granted, with the effective date being June 16, 2009. Service connection is granted for gout affecting the bilateral ankles as secondary to service-connected bilateral ankle disability and for a skin disability (claimed as skin cancer, status post cryosurgery).

The Veteran's appeals for service connection on several conditions have been dismissed due to voluntary withdrawals by the Veteran.

The Veteran's claims for increased ratings for his right ankle fracture with degenerative changes and labrum tear of the right shoulder were denied as there was no evidence of marked limitation of motion, ankylosis, or malunion of the tibia and fibula. The preponderance of the evidence is against these claims.

The Board has determined that the Veteran does not have a hearing loss disability for VA purposes and did not have a current ankle disability during his period of service. Therefore, he is not entitled to service connection for these conditions.

The Board granted a 100% rating for the Veteran's service-connected bilateral flat feet, effective November 16, 2010. The claim for TDIU is moot due to the combined effects of multiple disabilities resulting in marked interference with employment.

The Board has remanded the case due to inadequate examination and failure to consider all theories of recovery, including aggravation.

The Veteran's appeal is being remanded due to technical difficulties with the transcript of his Travel Board Hearing. He will be scheduled for another hearing before a Veterans Law Judge at his local regional office.