Ankle decisions — 2016

The Board has remanded the case due to pending issues and requests for new VA examinations.

The Veteran's appeal is being remanded for additional development, including obtaining VA examinations and securing treatment records. The issues of service connection are the primary focus.

The Veteran's service connection claim for obstructive sleep apnea is granted. The appeal of the issue of service connection for a left ankle disability is dismissed.

The Veteran's service-connected right fibula fracture and degenerative changes of the right ankle do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's TDIU claim is being remanded for further development, including obtaining updated VA and private treatment records, securing his VA vocational rehabilitation file, and providing an advisory opinion from a VA Vocational Rehabilitation Division counselor regarding the effect of his service-connected disabilities on his employability.

The Veteran's claims for increased ratings were denied as her conditions did not meet the criteria for higher schedular ratings under applicable diagnostic codes.

The Board has found that the VA examination reports are deficient and requires additional development, including obtaining an addendum opinion regarding the Veteran's right ankle disorder. The claims for service connection will be remanded to allow for this development.

The Veteran's appeal for a higher rating for her left ankle condition was denied, as the evidence did not support a finding of more than moderate limitation of motion. The issue regarding secondary service connection for plantar digital neuropathy was also addressed and found to be without merit.

The Veteran's claim for an initial disability rating in excess of 10 percent for residuals of a left ankle fracture is being remanded due to the need for additional development, including obtaining outstanding records and scheduling a VA examination.

The Veteran's residuals of a right ankle injury resulted in pain, instability, weakness, and marked limited motion. The Board found that the disability warranted a 20 percent rating under DC 5271.

The Board found that the Veteran's left ankle degenerative joint disease did not have its onset in service and is not otherwise etiologically related to his active service. The claim for gout with rheumatoid arthritis was not adjudicated as it was not about service connection at all.

The Veteran's appeal for increased ratings for bilateral pes planus and right ankle degenerative joint disease was denied. The Veteran is not entitled to a rating in excess of 10 percent prior to December 13, 2011, or in excess of 20 percent after that date.

The Board has determined that there is no evidence of a diagnosed bilateral ankle disability, cervical spine disability, gastrointestinal (GI) disability, bilateral carpal tunnel syndrome (CTS), or frostbite of the toes during service or within one year of separation. Therefore, these claims are denied.

The Board has determined that the Veteran's current left hip, leg, and ankle disabilities are not related to his active service. The claim for service connection is denied.

The Board has remanded the case for additional development to obtain complete medical records and to schedule the Veteran for VA examinations to determine the nature and etiology of his claimed disabilities.

The Veteran's appeal is being remanded for additional development, including a new VA examination and updated treatment records. The issues of increased rating for right ankle fracture and TDIU are also being addressed.

The Veteran's claims for increased ratings for residuals of a left ankle sprain and residuals of a left knee injury have been denied as the evidence does not support a higher rating under the applicable VA rating criteria.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with an opportunity to submit lay statements. The VA examiner will provide an addendum opinion addressing the new evidence and the Veteran's reports of in-service and post-service low back and right ankle symptoms.

The Board has remanded the case due to a failure to schedule a Travel Board hearing for the Veteran. The Veteran's appeal is now pending and will be scheduled for a hearing.

The Board has ordered a remand due to the need for additional development and examination, including an addendum opinion regarding service connection.