Ankle decisions — 2016

The Veteran's gout was productive of active process with constitutional manifestations associated with active joint involvement that was totally incapacitating during the period on appeal, warranting a maximum 100 percent disability rating.

The Veteran's service-connected disabilities cause the need for aid and attendance, which meets the criteria for SMC based on need for aid and attendance.

The Veteran's right ankle DJD has been rated at 10 percent since October 2008. The Board granted a 20 percent rating effective April 8, 2016 for marked limitation of motion (LOM) in the right ankle. However, his TDIU claim remains denied as he is not unemployable due to his service-connected disabilities.

The Board found that the Veteran's left ankle sprain was not incurred in service and is not otherwise caused or aggravated by a service-connected disability.

The Veteran's service-connected disabilities did not render him unable to secure and follow a substantially gainful occupation prior to January 27, 2011. The Board denied the claim for TDIU based on the evidence showing that his service-connected conditions did not prevent him from securing or following a substantially gainful occupation.

The Veteran's claims for service connection for various conditions, including hearing loss and PTSD, were denied. The Board found that the evidence did not support a finding of in-service noise exposure or stressors sufficient to establish service connection.

The Veteran's claims for increased ratings for her bilateral knee and ankle disabilities were denied as the evidence did not show that her conditions warranted higher ratings under VA rating criteria.

The Veteran's right ankle disability was not found to meet the criteria for a compensable rating prior to August 4, 2010. From August 4, 2010, his disability is rated at 20 percent.

The Veteran's PTSD is rated at 50 percent, effective January 4, 2011. His gunshot wound residuals of the right ankle are currently rated at 50 percent.

The Veteran's hypertension is service-connected, and the Board has also granted service connection for his status post brain stem infarct as secondary to his now service-connected hypertension. The labyrinthitis and right ankle disorder are also found to be related to the now service-connected status post brain stem infarct.,Special monthly compensation on the need for aid and attendance of another person is granted.

The Board has remanded the case for additional development due to incomplete records and inadequate VA examination opinions regarding the appellant's claimed left ankle disorder and back condition.

The Board has granted service connection for a heart disorder, hypertension, obstructive sleep apnea, diabetes mellitus type II, left ankle sprain, and right ankle sprain. The Veteran's current diagnoses of chronic sinusitis, ulcerative colitis, mechanical low back pain and degenerative joint disease of the thoracic spine, and radiculopathy of the lower extremities have been assigned initial ratings.

The Board found no evidence linking the current right foot/ankle arthritis to service, and denied the claim of service connection.

The Veteran's claims for service connection and increased ratings were all granted, with the exception of a claim seeking an earlier effective date for his right knee disability.

The Board has granted a 30 percent rating for service-connected headaches, effective October 7, 2015. The Veteran's headaches have been manifested by characteristic prostrating attacks averaging once per month since that date.

The Board has remanded the case due to the need for a medical opinion regarding whether the Veteran's service-connected disabilities contributed substantially or materially to his death, and to obtain any outstanding VA treatment records.

The Veteran has withdrawn all his appeals, including those for increased ratings and service connection claims.

The Board has determined that the Veteran does not have a current respiratory disorder, bilateral knee disability, or bilateral ankle disability. The claims for these conditions are therefore denied.

The Board denied the Veteran's claims for service connection for a right foot and ankle disability, an acquired psychiatric disorder, and a compensable rating for his service-connected fracture of the left fifth metatarsal. The decision also determined that new and material evidence had not been submitted to reopen the claim for right foot and ankle trauma.

The Board has vacated the previous decision and remanded the case for further evidentiary development. The Veteran's claims of service connection for a lumbar spine disability, right ankle disability, and depression are now before the Board.