Ankle decisions — 2016

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and providing a new examination to assess the extent of his left ankle disability.

The Veteran's claims for increased ratings and TDIU were denied as the evidence did not support granting higher disability ratings or a TDIU based on his service-connected disabilities.

The Board has granted service connection for the Veteran's right foot and ankle disability, finding that it is related to his military service.

The Veteran's appeal has been withdrawn as to the claims for higher initial disability ratings for left ankle degenerative arthritis, left ear hearing loss, chronic pansinusitis, allergic rhinitis, traumatic brain injury, and post-concussive headaches.

The Board has remanded the case for further development due to inadequate rationale in the VA examination opinions and failure to consider the Veteran's statements and those of fellow service members.

The Veteran's service-connected disabilities, including his tension headaches rated at 50 percent disabling and bilateral flat feet rated at 30 percent disabling, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU.

The Veteran's service-connected tinnitus is assigned the maximum schedular rating of 10 percent. The claim for an initial evaluation in excess of 10 percent for tinnitus is denied as there are no legal grounds to assign a higher evaluation under Diagnostic Code 6260. For ED, the RO has already granted service connection and assigned the minimum (zero percent) evaluation allowed by law.

The Veteran's cervical sprain and right ankle strain have been evaluated based on their current manifestations, with no evidence of incapacitating episodes or favorable ankylosis. The Veteran's claims for increased ratings are denied.

The Veteran does not have a diagnosed right ankle disability and the Board finds that service connection is not warranted for this condition.

The Board has remanded the case due to the need for another hearing before the Veterans Law Judge who will decide the appeal.

The Board has granted service connection for an acquired psychiatric disorder, to include PTSD and anxiety disorder due to MST. The issues of service connection for migraine headaches and residuals of a bilateral ankle injury are addressed in the REMAND portion of this decision.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for bilateral ankle disability, left shoulder disability, low back disability, fatigue (claimed as due to chronic fatigue syndrome or undiagnosed illness), respiratory disorder (claimed as due to an undiagnosed illness), depressive disorder, NOS, and diabetes mellitus. As such, these claims are granted.

The Board finds that the Veteran's current right ankle disability results from a right ankle fracture incurred during INACDUTRA in December 1999. The evidence supports both the incurrence of an injury and the presence of a current disability, leading to service connection.

The Board has determined that additional development is needed, including obtaining VA treatment records and scheduling the Veteran for examinations to address his claims. The appeal will be remanded for these actions.

The Veteran's appeal for service connection for arthritic changes of the left ankle was dismissed due to his death.

The Board has determined that the Veteran's current knee, ankle and toe disabilities are not related to his service-connected right thigh gunshot wound. The VA examiner concluded that the osteoarthritis is more likely due to his age, obesity and occupational history.

The Board found that the Veteran's current left ankle disability is not attributable to disease or injury sustained during his period of service and denied entitlement to service connection for a left ankle disability. The issue of sleep apnea was remanded but an addendum opinion is needed to address its likely etiology.

The Board found that the Veteran's current headaches are not related to his in-service head injuries and therefore denied service connection for this condition.

The Veteran's claims for reimbursement of medical expenses incurred at a private hospital on November 20, 2013 and from January 16, 2014 through January 17, 2014 were denied as the claims were filed after the statutory deadline.

The Board has remanded the case for additional development due to issues related to service connection and disability ratings, including those involving ankle conditions, lumbar spine disabilities, right knee degenerative changes, right knee scarring, left foot hallux valgus, right foot hallux valgus, and TDIU.