Ankle decisions — 2016

The Veteran's TDIU claim is granted from April 18, 2011 to July 12, 2013. The Board also dismissed the remaining claims for higher ratings and service connection.

The Veteran's right ankle disability has been manifested by symptoms of swelling, popping, rolling, and pain. From March 27, 2008 to October 9, 2008, the disability was not manifested by marked limitation of motion or impairment of the fibula with moderate ankle disability. From October 9, 2008 to December 13, 2014, the disability has been manifested by symptoms of swelling, pain on motion, and tenderness, with noncompensable limitation of motion due to pain. The Veteran's right ankle disability is currently rated as 10 percent disabling.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and Social Security Administration records. The Veteran's representative suggested an addendum opinion regarding his GERD claim.

The Board found that the Veteran's current conditions, including Morton's neuroma and right ankle pain, are not related to his service or any incident therein. Therefore, the claim for service connection was denied.

The Veteran's bilateral ankle disabilities have been rated at 10 percent prior to August 26, 2014 and at 30 percent thereafter. The Board found no evidence of marked limitation of motion or ankylosis that would warrant a higher rating.

The Veteran's left ankle disability, chronic herpes progenitalis and condyloma of the scrotum (skin rash), and tinea pedis with history of tinea corporis have been granted service connection. However, he is only entitled to a non-compensable rating for his skin conditions.

The Veteran's TBI is not productive of any current symptoms or manifestations, and his left ankle disability does not meet the criteria for a higher evaluation.,The Veteran's left ankle disability was not productive of loss of use of the foot, ankylosis, or the functional equivalent thereof. The Veteran is not so helpless as to be in need of regular aid and attendance due to his service-connected disabilities and he does not have a service-connected disability rated 100 percent.

The Board dismissed all issues on appeal due to the Veteran's death.

The Veteran's appeal is being remanded for further development, including additional examinations and opinions to address the severity of his service-connected psychiatric and muscle disabilities, as well as claims for service connection for lumbar spine, cervical spine, hip, knee, or ankle disabilities.

The Board found no evidence of a current right ankle disorder and denied the Veteran's claim for service connection.

The Board has determined that the Veteran does not have a current diagnosis of left ankle or low back disorder, and therefore cannot establish service connection for these conditions.

The Veteran's right ankle disability, which was previously rated as 10 percent disabling, is now rated at 20 percent effective from March 25, 2015.

The Board has determined that the Veteran's right and left ankle DJD disabilities cause marked interference with employment, warranting an extraschedular rating.

The Board found clear and unmistakable error in its September 2011 decision denying an extraschedular rating for the Veteran's right and left ankle DJD, as it did not consider all relevant evidence including the November 2008 VA examination report which noted the impact of pain medication on sedentary employment.

The Board has determined that the Veteran does not have diagnosed conditions of bilateral upper and lower extremity radiculopathy, bilateral upper and lower extremity neuropathy, a bilateral hip disorder, a bilateral ankle disorder, or a bilateral knee disorder. The cervical spine disorder is also denied as it was not caused by service-connected disability.

The Board found that the Veteran's bilateral knee disability did not have its clinical onset in service and is not otherwise related to active duty. The arthritis was not exhibited within the first post-service year.

The Veteran's low back disability is related to his military service, and he has right ankle arthritis that is also related to his service. The Veteran's right knee disability requires further examination as it may be aggravated by other conditions.,The Veteran's bilateral pes planus condition does not require any specific theory of service connection.

The Veteran was found to be unemployable due to his service-connected disabilities from December 5, 1996, to September 9, 1997. He is also entitled to an additional allowance of DIC benefits under 38 U.S.C.A. § 1311(a)(2) as he was rated totally disabling for a continuous period of at least eight years immediately preceding his death.

The Board has determined that there is no current evidence of a low back disorder or chronic headache disorder (migraines) incurred in service. The Veteran's left knee and left ankle disorders are not shown to be related to her period of active duty.

The Board found that the appellant did not sustain trauma to his left hand during service and therefore denied service connection for residuals of trauma to the fingers of the left hand. The right ankle disability claim is pending due to conflicting evidence regarding its onset.