Ankle decisions — 2016

The Veteran's service-connected residuals of right ankle/fibula fracture are currently rated at 40 percent, effective November 24, 2014. The Board has also determined that the criteria for a TDIU have been met as of January 16, 2008.

The Veteran's right wrist fracture residuals are manifested by pain on motion, tenderness, and limited dorsiflexion and palmar flexion. The current 10 percent rating is appropriate as the disability does not meet or approximate criteria for a higher evaluation.

The Veteran's appeal has been withdrawn. The Board does not have jurisdiction to consider the increased rating claim for hypertension with headaches as the Veteran withdrew his appeal in November 2015.

The Board has granted an extension of a temporary total disability rating for the period from March 1, 2010 to October 28, 2010 due to treatment for service-connected status post left ankle arthrodesis.

The Board has determined that the Veteran's right knee and right ankle disabilities are secondary to his service-connected left knee and right foot disabilities, respectively. The claims for service connection have been granted.

The Board has determined that the Veteran's right ankle disability was not incurred or aggravated during service and is not otherwise related to service. As a result, the claim for service connection for a right ankle disability is denied.

The Board has determined that the Veteran does not meet the criteria for service connection for various conditions, including bilateral eye disability, renal dysfunction, urinary incontinence, heart disability, fecal incontinence, peripheral neuropathy of upper and lower extremities, low back disability, cervical spine disability, bilateral knee disabilities, bilateral ankle disabilities, and bilateral hearing loss. The Veteran's claims have been denied.

The Veteran's service-connected disabilities do not prevent him from securing or following a substantially gainful occupation.

The Veteran's right ankle condition warrants a 10 percent disability rating effective January 20, 2014.

The Veteran has withdrawn his appeal for the issues of entitlement to service connection for an ankle disorder, hearing loss, and tinnitus.

The Board denied the Veteran's claims for service connection for a right ankle disability and an initial rating higher than 30 percent for generalized anxiety disorder. The evidence did not support the Veteran's assertions of in-service injury or continuous symptoms, and his lay statements were found to be not credible.

The Veteran's service-connected disabilities, including his abnormal mitral valve with congested heart failure and multiple knee injuries, rendered him unable to secure or follow substantially gainful employment prior to July 26, 2013. Since then, he has been in receipt of special monthly compensation (SMC) due to aid and attendance/housebound.

The Veteran's appeal was denied for the issues of service connection for various conditions, including bilateral leg condition, carpal tunnel syndrome, hypertension, insomnia/sleep disturbances, left ankle condition, migraine headaches, and ovarian cysts.

The Veteran has withdrawn his appeals on all issues, and the appeal is dismissed.

The Board has determined that the Veteran does not have a qualifying left foot, ankle, or knee disability for service connection and denied all claims. The claim for right carpal tunnel syndrome was previously denied but new evidence received since the last denial is found to be material.

The Board has determined that service connection is warranted for a lumbar spine disability, radiculopathy of the lower extremities, cervical spine disability, and arthritis of the bilateral hips. The Veteran's claims for other disabilities are also granted.

The Veteran's claims for increased disability rating and TDIU are being remanded due to the need for additional development of his VA treatment records and a current examination.

The Board found no evidence of a diagnosed left ankle disability and denied the Veteran's claim for service connection.

The Veteran's service connection claims for bilateral knee and ankle disabilities are denied as there is no evidence of any clinically ascertainable knee or ankle disability at the time of his separation from service.,The Veteran's claim for an initial rating in excess of 50 percent for sleep apnea is denied. The Veteran has a CPAP machine, but does not have respiratory failure with cor pulmonale requiring a tracheostomy.

The Board has determined that the Veteran does not have a current left hip disability and therefore, service connection for this condition is denied. The issue of service connection for a left ankle disability remains pending.