Ankle decisions — 2016

The Board has remanded the case for scheduling a hearing before the Board due to the Veteran's failure to appear at his previously scheduled hearing. The appeal is also remanded for further development related to service connection claims and TDIU.

The Veteran's diabetes mellitus, type II is service-connected and his left ankle disability has been rated at 10 percent prior to April 3, 2009.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment prior to November 3, 2010. The claims for service connection for glaucoma and an initial rating in excess of 50 percent for PTSD prior to March 7, 2011, and a rating in excess of 70 percent thereafter have been withdrawn.

The Veteran's appeal is being remanded for additional development to address the relationship between his service-connected right knee disability and his claimed back, left knee, bilateral hip, and bilateral ankle disabilities.

The Veteran's claim for service connection for a left ankle disability, to include as secondary to his service-connected disabilities, is being remanded due to the need for an addendum opinion regarding aggravation.

The Board has granted service connection for residuals of fibroid cysts of the left breast, but denied service connection for right Achilles tendonitis (right ankle disability).

The Veteran was still gainfully employed prior to June 1, 2009 and thus is not entitled to a total disability rating based on individual unemployability for that period.

The Veteran's appeals of the claims for service connection for hearing loss, left ankle disability, and tinnitus are being remanded to allow scheduling a Travel Board hearing.

The Board has determined that the Veteran's current right ankle disorder, diagnosed as traumatic arthritis or degenerative joint disease, is related to his in-service injury and service connection for residuals of a right ankle injury is granted.

The Veteran's appeal is being remanded due to the need for updated treatment records and a new VA examination.

The Veteran's initial claim for a higher rating for his right ankle disability was denied. The Board found that the evidence did not meet the criteria for an increased rating prior to April 24, 2015 and on or after April 24, 2015.

The Veteran's service-connected right ankle disability does not result in loss or permanent loss of use of her foot, as she can still walk and use a cane with the assistance of prosthetic equipment.

The Board has determined that the Veteran's current bilateral hip, left ankle, right knee, and lumbar spine disorders are not service-connected as secondary to his service-connected left knee disability.

The Board has granted an initial 50 percent rating for adjustment disorder with depression and anxiety. The issues of entitlement to a higher rating for the adjustment disorder, as well as service connection for a right ankle and foot disability, are being remanded for additional development.

The Veteran's claims for service connection are being remanded due to the need for a VA examination to determine if his joint pain is related to an undiagnosed illness or medically unexplained chronic multisymptom illness, and whether it can be attributed to active service.

The Veteran's claim of entitlement to service connection for a left ankle condition is being remanded due to the need for clarification from the VA examiner regarding whether his current condition may be related to wear and tear caused by multiple parachute jumps over 17 years in service.

The Board has determined that the Veteran does not have a current disability of bilateral ankles or neuropathy/radiculopathy affecting his upper and lower extremities, and thus service connection for these conditions is denied.

The Veteran's service-connected disabilities, including avascular necrosis of the left talus with secondary severe degenerative joint disease (DJD) of the left ankle, migraine headaches, narcolepsy, and ACL tear of the left knee with traumatic arthritis, preclude him from securing or following a substantially gainful occupation.

The Veteran's service connection claim for tinnitus has been granted with a 10% evaluation, and he is also entitled to separate evaluations of 10% each for his inguinal hernia and the scar from his inguinal hernia surgery. The Veteran's service connection claim for pseudofolliculitis barbae (scarring) has been granted with a 30% evaluation based on disfigurement of the face and head.

The Veteran's bilateral wrist, knee, and ankle disabilities were incurred in service. The Veteran's left ear hearing loss disability was caused by service. Tinnitus was also found to be incurred in service. Service connection for lumbar spondylosis and left lower extremity radiculopathy is granted.