Ankle decisions — 2016

The Board has determined that the Veteran's current low back disability, diagnosed as degenerative disc disease, is related to his military service and grants service connection for this condition.

The Veteran's right ankle arthritis is found to be service-connected.

The Veteran's appeal is being remanded due to scheduling issues for a videoconference hearing. The main issues are seeking an increased rating for left ankle sprain and service connection for bunion, left first toe as secondary to the service-connected left ankle sprain.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board found that the Veteran's left ankle fracture, status post-surgical repair has been manifested by pain and at most moderate limitation of motion without marked limitation. Therefore, a rating in excess of 10 percent is not warranted.

The Board found that the Veteran's left ankle disability did not cause marked interference with employment prior to June 26, 2011 and thus, the criteria for an extraschedular rating were not met.

The Board has remanded the case for additional development, including obtaining an addendum VA opinion on the etiology of the Veteran's left hip disability and a VA opinion on the effect of his service-connected disabilities on his employability.

The Veteran's TDIU claim is being remanded for further review by the Director of Compensation Service due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.

The Veteran's claims for service connection for bilateral foot and ankle conditions have been denied as her active duty service does not meet the threshold requirements for eligibility for VA pension benefits.

The Board denied service connection for left ankle arthritis and other conditions, finding no current diagnosis of the claimed disability. Service connection was not granted as there is no separate arthritis diagnosis.

The Veteran's appeals for increased ratings for his service-connected right knee sprain, left ankle sprain, and chronic residuals of a fracture of the left little finger are being remanded due to the need for additional examinations.

The Board found that the Veteran's back, left knee, right knee, and right ankle disabilities do not warrant higher initial ratings. The claims for increased ratings of dyssomnia, onychomycosis of the feet, and acne were denied as a matter of law.

The Board found that the Veteran's claimed disabilities, including right knee, left knee, right ankle, left ankle, right hip, left hip, and lower back disabilities, did not originate in service or until years after service. The Veteran was not exposed to herbicides during his active duty.

The Board has remanded the case due to a reasonable raised issue of entitlement to TDIU, and further development is needed before final adjudication can be made.

The case is being remanded for further development, including obtaining medical records and scheduling examinations to assess the Veteran's back disorder and lower extremity nerve involvement. The issues of service connection for a right ankle disorder, initial evaluations for bilateral hearing loss and tinnitus, increased evaluations for erectile dysfunction and right shoulder bursitis, and TDIU are also being remanded.

The Board has granted an effective date of November 8, 2005 for the award of TDIU on an extraschedular basis due to the Veteran's service-connected disabilities preventing him from securing and following a substantially gainful occupation.

The Veteran's claim for service connection for a right ankle disability is denied as there is no current diagnosis of such a condition.

The Board finds that the Veteran does not have a current disability of the left shoulder, right ankle, or left ankle that is related to service or a service-connected condition. The evidence shows no complaints or treatment for these conditions until many years after separation from service.

The Board has remanded the case for additional development due to a change in the Veteran's address and for the opportunity of his appointed representative, Texas Veterans Commission, to submit argument or evidence.

The Board found that the Veteran's pes planus existed prior to service and was not aggravated by any in-service injury, event or illness. Therefore, it denied service connection for bilateral pes planus.