Ankle decisions — 2016

The Board has decided to remand the case for further development, including scheduling a videoconference hearing.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the etiology of sleep apnea and readjudication of his service connection claims.

The Veteran seeks service connection for low back, neck, and right lower extremity disabilities. The Board finds that additional VA examinations are necessary to determine the nature and etiology of these conditions.

The Veteran's hepatitis C was found to be asymptomatic after December 31, 2005. The Board granted a disability rating of 10 percent from July 24, 2003 (the date his claim was received) to December 31, 2005.,The Veteran's hepatitis C is not entitled to a compensable rating since December 31, 2005.

The Board has determined that the Veteran's cause of death, respiratory failure due to COPD, is related to his service-connected shell fragment wound of the right chest status post removal of 2.5 inches of the rib, Muscle Group XXI.

The Board has determined that the Veteran does not meet the criteria for service connection for any of the claimed conditions, including right foot pain, left leg pain, inability to walk fast, inability to put pressure on fingers, right ankle disability, back disability, tendonitis of the left elbow, bilateral hearing loss disorder, psychiatric disability (claimed as bipolar disorder), diabetes mellitus, visual acuity disorder (claimed as secondary to diabetes mellitus), peripheral neuropathy of the upper extremities (claimed as secondary to diabetes mellitus), and kidney failure (claimed as secondary to diabetes mellitus).

The Board has determined that the claim requires another remand to obtain an adequate examination that complies with the directives of previous remands. The Veteran's service-connected right knee condition is not considered to have caused or aggravated his current right ankle disability.

The Veteran's right ankle disability, claimed as secondary to service-connected right knee disabilities, has been reopened. The claim for an increased rating in excess of 20 percent for hepatitis C from September 26, 2013 to February 28, 2015 is denied.

The Veteran's foot and ankle disability, rated as 10 percent disabling prior to February 6, 2012, 20 percent disabling prior to April 28, 2016, and 30 percent thereafter, is granted. The claim for a TDIU is also granted.

The Board found that the Veteran's left leg disability, to include her left knee, did not originate in service or within a year of service and is not otherwise etiologically related to her active service.

The Veteran's PTSD is rated at 70 percent since September 18, 2013. The Board found that the Veteran's PTSD has caused significant occupational and social impairment, warranting a higher rating than initially assigned.

The Veteran's appeal was dismissed due to the death of the appellant, and no service connection decision could be made.

The Board has remanded the case for further development, including obtaining VA treatment records from 1993 to 1996 and providing a new VA examination to address the etiology of any diagnosed right ankle disability, including whether it is secondary to left ankle degenerative joint disease.

The Board has remanded the Veteran's claims for increased evaluation of bilateral hearing loss and service connection for right and left ankle disabilities, as well as bone spurs of the feet due to incomplete examination reports. The case is now back with the AOJ for further action.

The Veteran's claims for increased evaluations of his postoperative bilateral keratoma with metatarsalgia and residuals of a fracture of the right ankle were denied. The Board found that there was no evidence showing marked limitation of motion in either condition, which is required for an evaluation in excess of 10 percent.

The Veteran's service-connected left knee, left ankle, and psychiatric disabilities do not render him unable to secure or maintain substantially gainful employment.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA examinations and securing any outstanding treatment records. The TDIU claim will also be developed on remand.

The Veteran's service-connected disabilities cause incapacity that requires regular aid and assistance of another person to dress, perform basic hygiene tasks such as bathing, and to protect him from hazards or dangers incident to his daily environment. The Board finds the criteria for special monthly pension benefits based on the need for regular aid and attendance have been met.

The Board has remanded the case for additional development due to inadequate medical opinions regarding the Veteran's bilateral foot and ankle disabilities.

The Board has granted service connection for chronic musculoligamentous strain of the right shoulder, bilateral patellofemoral pain syndrome, and chronic bilateral musculoligamentous ankle strain.