Ankle decisions — 2016

The Veteran's claim for service connection for a bilateral foot condition (trench foot) has been reopened. The other issues remain pending and are evaluated on their merits.

The Veteran's right ankle disability is being remanded for further development, including obtaining medical records and an orthopedic examination. The claims for automobile and housing benefits are also being remanded due to the need for readjudication in light of recent rating determinations.

The Veteran's service-connected disabilities have rendered him in need of regular aid and attendance, warranting the grant of SMC based on this need.

The Board found that the Veteran's current right ankle disability did not originate during service and denied his claim for service connection.

The Board has granted service connection for cervical and lumbosacral spine disorders, each assigned a 10 percent disability rating, effective July 26, 2004. The right ankle claim remains on hold as it is not part of the current appeal.

The Veteran's service connection claims for obstructive sleep apnea, right and left knee disorders, hip pain, and ankle disabilities have been granted. Separate ratings of 10 percent each are assigned for the right and left knee disorders.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with VA examinations to determine the nature and etiology of his claimed disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining VA outpatient records and scheduling the Veteran for an orthopedic examination.

The Veteran's appeal was withdrawn due to his request to withdraw the appeal regarding left ankle, back, bilateral hearing loss, and tinnitus issues. The Board did not have jurisdiction to review these issues as they were dismissed.

The Board has remanded the case due to the Veteran's incarceration, and further examinations are needed to determine the nature and likely etiology of his claimed left ankle and hearing loss disabilities.

The Veteran's service-connected degenerative changes of the right and left ankles were granted effective February 10, 1999.

The Board has determined that the Veteran does not have a diagnosed left knee disability, and his service-connected lumbar spine and cervical spine disabilities do not meet the criteria for higher ratings. The Veteran's tinea pedis is rated appropriately, as are his hearing loss and CTS. His acquired psychiatric disorder, right ankle condition, and head injury with headaches and myofascial pain syndrome do not warrant increased ratings. Finally, the Board has determined that the Veteran meets the criteria for TDIU based on his service-connected disabilities.

The Board is remanding the claims for service connection for bilateral pes planus, hearing loss, residuals of a deviated nasal septum (withdrawn), left ankle disorder, bilateral knee disorder, bilateral hip disorder, heart disorder, hypertension, gastroesophageal reflux disease (GERD), and obstructive sleep apnea. The Board is also remanding the claim for an initial rating higher than 50 percent for PTSD.

The Board finds that the Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, and therefore denies his claim for TDIU.

The Veteran's appeal for a higher initial rating for residuals of right ankle fracture is denied as the evidence does not support a disability evaluation greater than 10 percent.

The Veteran's service-connected disabilities, including diabetes mellitus and peripheral neuropathy, are presumed to have been incurred in service. The Board finds that the Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's claim for an earlier effective date for additional compensation benefits for his spouse was denied as the RO was notified of his marriage to his current wife on July 22, 2010, which is when he submitted a VA Form 21-686c. The earliest effective date that can be assigned is August 1, 2010.

The Veteran's claims for service connection for thoracolumbar spine, left ankle, and left knee disabilities are being remanded due to the need for additional medical examination.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling VA examinations to assess the severity of his service-connected disabilities. The claims for sleep apnea and restless leg syndrome are dismissed as the Veteran requested withdrawal.

The Veteran's appeal is being remanded to schedule VA examinations and obtain additional medical records. The issues of entitlement to higher ratings for asthma, left ankle sprain, and right ankle sprain are pending.