Ankle decisions — 2016

The Veteran's left ankle disability is not service connected as it was not shown to have been present in service or for many years thereafter. The right foot drop (assumed right foot disability) is also not service connected as there is no evidence of such being present in service.

The Veteran's initial ratings for his service-connected disabilities have been granted, with the left knee disability rated at 10 percent and both right ankle and sciatica disabilities also rated at 10 percent.

The Board has determined that the Veteran's current right ankle disability is less likely than not incurred in or caused by his service, specifically a 1988 injury during basketball practice. The VA examiner provided an opinion supporting this determination.

The Veteran's appeal is being remanded to obtain additional VA treatment records, conduct new examinations for his service-connected disabilities, and determine the etiology of any diabetes mellitus. The TDIU claim will be referred to the Director of Compensation and Pension for consideration.

The Veteran's right ankle disability and erectile dysfunction have been granted initial compensable ratings, effective from the dates specified.

The Veteran's service-connected migraines, mood disorder, back condition, and right ankle condition meet the schedular requirements for a total disability rating and she is unable to secure or follow a substantially gainful occupation as a result of these conditions.

The Veteran's osteoarthritis (degenerative joint disease) of the right and left ankles were not found to be service connected, as they did not manifest within one year of active service or are otherwise etiologically linked to any incident of active service. The Board also found that the current diagnosed conditions are not proximately due to or the result of his service-connected peripheral neuropathy of the lower extremities.

The Veteran's claim for service connection for a left ankle disability, including as due to an undiagnosed illness from his Persian Gulf War service, is being remanded for additional development. The case will be readjudicated after the requested actions are completed.

The Veteran's PTSD has resulted in reduced reliability and productivity, including difficulty maintaining effective work and social relationships. The VA assigned a 50 percent disability rating for PTSD as of June 21, 2013.

The Board found that the Veteran's right eye disability, atrial septal defect, left ankle disability, and deviated nasal septum did not meet the criteria for service connection or warrant increased ratings. The preponderance of evidence was against these claims.

The Board has determined that the Veteran's current right ankle/foot, right knee, and left knee disorders are not related to his military service.

The Board has determined that none of the Veteran's claimed disabilities began during service or are related to service in any other way.

The Board finds that the cause of the Veteran's death was of service origin and thus, service connection is warranted for the cause of the Veteran's death.

The Board denied the Veteran's claim for an earlier effective date prior to March 24, 2009 for a 10 percent rating for residuals of left ankle fracture. The decision found that it was not factually ascertainable that the disability met the criteria for a 10 percent rating within one year before the date of his claim.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a higher rating than the current 10 percent assigned for his right elbow olecranon spurs (major), and denied all other claims.

The Veteran's right and left foot disabilities, as well as his left shoulder disability are all found to be related to service.,For the ankle disabilities, the Veteran's right ankle gout is found to have preexisted service.

The Veteran's appeal is being remanded for additional development to obtain outstanding records and provide the Veteran with appropriate VA examinations.

The Board has remanded the case for further development, including obtaining VA medical records and scheduling a VA examination to evaluate the Veteran's bilateral ankle disabilities. The issues of entitlement to initial ratings in excess of 10 percent for degenerative changes status post right ankle fracture and degenerative changes of the left ankle remain on appeal.

The Board has determined that the Veteran's right knee disability is not related to his service and was not caused or aggravated by a service-connected condition. The right ankle disability, however, is considered incurred in service.

The Board finds that service connection is granted for sleep apnea, but denied for other conditions. The Veteran's left shoulder strain was not found to be related to his service.