Ankle decisions — 2016

The Board has granted service connection for chronic cough and assigned a 20 percent rating for the back disability. Other disabilities have been rated based on their specific criteria.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of the appeal.

The Veteran's service-connected disabilities prevent him from securing or following any substantially gainful occupation, and the Board finds that he is entitled to a TDIU for the entire appeals period.

The Veteran's appeal is being remanded for additional development, including obtaining treatment records and scheduling a VA examination to assess the severity of his service-connected left ankle disability.

The Board finds that the Veteran's current right ankle disorder, including strain with medial ankle tenderness and x-ray evidence of calcaneal and navicular enthesophyte, is related to his military service. Service connection for this condition is granted.

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment.

The Board has granted a 10 percent rating for right knee chondromalacia and left ankle sprain, effective prior to October 13, 2010.

The Board has determined that the appellant does not have a current chronic ankle disability and his preexisting flat feet condition was not aggravated by service. Therefore, service connection for both a bilateral foot disability and a bilateral ankle disability is denied.

The Veteran's appeal is being remanded for further development of his claims, including obtaining medical records and scheduling examinations. The TDIU claim has also been raised.

The Veteran's service-connected right ankle arthritis and residuals of a right Achilles tendon laceration are already rated at the highest schedular rating available, and no higher ratings are warranted.

The Veteran's claims for increased ratings and service connection have been granted. Her cold sores are found to be related to active service.

The Veteran's left ankle disability was evaluated as a noncompensable disability (10%) since March 2003. The Board denied an increased rating, finding that the evidence did not show marked limitation of motion.

The Board has remanded the appeal due to insufficient rationale for the etiology of the bilateral ankle disability. The claims for service connection for knee and back disabilities are inextricably intertwined with the bilateral ankle disability claim, as they are based on a secondary theory of entitlement.

The Veteran's prostate disorder, right ankle disability, and scar over the left eye were not shown in service or for many years thereafter, and are not related to service.,There is no competent evidence linking any of these conditions to service.

The Veteran's claims for service connection for nerve damage of the arms and legs, as well as an earlier effective date for left ankle degenerative joint disease, were denied. The Board found that the evidence did not support a finding of service connection or entitlement to an earlier effective date.

The Veteran's increased rating claim for his service-connected left ankle disability has been granted, with a current rating of 30 percent since June 23, 2014.

The Veteran's service connection claims for various conditions, including erectile dysfunction secondary to a psychiatric disability and tinea pedis, have been granted. The initial rating assigned is 30 percent for dyssomnia.

The Veteran's request for a waiver of overpayment of VA disability compensation benefits, in the amount of $1072.17, was denied due to fault on his part and lack of undue hardship.

The Board denied service connection for unspecified gastritis and gastroduodenitis, panic disorder with agoraphobia, and left ankle disability due to lack of evidence of current disabilities. The Veteran's gastritis and gastroduodenitis were not linked to service or an undiagnosed illness. His panic disorder was found to be part of his already service-connected PTSD. There is no evidence of a current left ankle disability.

The Veteran withdrew his appeals for service connection for bilateral hearing loss and bilateral shin splints prior to the Board's decision.