Ankle decisions — 2016

The Board has determined that additional development is needed for the Veteran's claims of service connection for bilateral Achilles tendinosis and ankle disability, as these conditions are claimed to be secondary to his service-connected disabilities. The case is being remanded for further examination and opinion.

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

The Board found that the Veteran's right ankle disability is not service-connected as it did not manifest during active duty and there was no evidence of aggravation by a service-connected condition. The left knee disability has been granted.

The Board found that the Veteran does not have current bilateral ankle disabilities as a result of his service, or as a result of a service-connected disability.

The Veteran's right ankle disability is currently rated as 20 percent disabling. The Board denied an evaluation in excess of 20 percent for the right ankle disability and did not address service connection issues due to lack of merit.

The Veteran's service-connected disabilities do not render him incapable of securing or following a substantially gainful occupation, considering the impairment from the disorders and his educational and employment history.

The Veteran's appeal is being remanded for additional development, including verifying his periods of active duty and Army Reserve service, obtaining relevant VA treatment records, and scheduling a VA examination to determine the nature and etiology of his left ear hearing loss.

The Veteran has been granted service connection for left foot plantar fasciitis. The Board finds that the Veteran's current right ankle, low back, upper back (neck), TBI residuals, bilateral hearing loss disability, and tinnitus are not established as service-connected.

The Board found no in-service injury to the Veteran's ankles and denied service connection for a bilateral ankle disability. The low back strain issue remains pending as it requires additional development.

The Board has reopened the Veteran's claims for service connection for a back condition, PTSD and an acquired psychiatric disorder (including PTSD and Multiple Personality Disorder), alcohol abuse, right ankle condition, and left ankle condition. The decision is mixed as some issues have been granted while others were not.

The Veteran's service-connected disabilities have been rated based on their direct effects, with a rating of 20 percent for the cervical spine disability. The other conditions are not rated separately as they are considered part of the overall cervical spine disability.

The Board found that neither the cervical spine nor bilateral ankle disorders are due to disease or injury incurred in active service, and denied both claims.

The Board has granted an initial disability rating of 10% for the Veteran's right ankle disability, finding that it meets the criteria for such a rating. The claim for service connection for a right hand disability is denied.

The Board has restored the Veteran's disability rating for his service-connected lumbar spine disability from 20 percent to 10 percent, effective August 14, 2010. The reduction was not proper as there was reasonable doubt about whether there had been improvement in the Veteran's condition.

The Veteran's appeal is being remanded for additional development, including C&P examinations and obtaining medical records.

The Veteran's headaches and cervical strain were granted initial compensable ratings, with the headache rating increased to 50% effective December 9, 2009. The right upper radicular nerve group associated with his cervical spine disability was also granted a separate 20% rating.

The Board found that the Veteran's left ankle disability and cholecystectomy with GERD do not meet the criteria for service connection or an increased rating, respectively. The preponderance of evidence is against both claims.

The Veteran's ankle, knee, hip, shoulder, hand, and back disabilities are not service-connected. Early onset peripheral neuropathy of the lower extremities is also not service-connected.

The Veteran's right ankle disability was rated at 10 percent prior to September 15, 1999 and increased to 20 percent from November 1, 1999 to September 25, 2008. The appeal is denied as the higher ratings are not warranted based on the evidence.

The VA determined that the Veteran's current left ankle disability is not related to his service, and thus denied his claim for service connection.