Ankle decisions — 2017

The Veteran's service-connected disabilities prevent him from obtaining or maintaining gainful employment, and the Board finds that his TDIU claim is granted.

The Veteran's acquired psychiatric disorder, including PTSD and depression, is found to be service-connected. Her left ankle disability is also found to be service-connected as secondary to her right ankle disability.

The Veteran withdrew his appeal regarding the claims of entitlement to service connection for a left ankle disorder and for entitlement to a rating in excess of 10 percent for his diabetes mellitus.

The Veteran's claims for payment or reimbursement of medical expenses incurred at St. Mary-Corwin Medical Center in Pueblo, Colorado, on September 30, 2008, and from October 1, 2008, to October 3, 2008, were denied because the services were not rendered for a service-connected disability.,The Veteran's claims for payment or reimbursement of medical expenses incurred at St. Mary-Corwin Medical Center in Pueblo, Colorado, on September 30, 2008, and from October 1, 2008, to October 3, 2008, were denied because the services were not rendered for a service-connected disability.

The Veteran's right ankle condition did not require emergency treatment, and reimbursement for private medical expenses is denied.

The Board has determined that the Veteran does not have a current diagnosis of headaches, left leg disability (residuals of broken fibular), left ankle disability, or rectal fissures. The preponderance of evidence is against service connection for all four conditions.

The Veteran's claim is being remanded for additional development, including a VA examination to assess the severity of his service-connected left leg disability and determine if there are any flare-ups or limitations in motion. The case will be readjudicated after this.

The Veteran's left ankle disability has been rated at 20 percent since October 1, 2013. The Board finds that the disability picture more nearly approximates marked limitation of motion of the left ankle.

The Veteran's appeal has been withdrawn, and thus no further action will be taken on her claims.

The Board granted a 20 percent rating for the Veteran's right thumb disability and found that his combined ratings did not meet the criteria for TDIU as of April 6, 2015. Prior to this date, he was not working due to service-connected disabilities.

The Veteran's left ankle disability is currently rated at 10 percent, and the Board finds no evidence of marked limitation of motion or other factors warranting a higher rating. The preponderance of the evidence does not support an increased rating.

The Veteran's service-connected disabilities preclude him from obtaining and maintaining substantially gainful employment for which he would otherwise be qualified.

The Board has remanded the appeal due to the Veteran's failure to report for scheduled VA examinations. The case is now pending and will be returned to the RO for further action.

The Veteran's right and left ankle disabilities have been rated at 20 percent since April 17, 2017. The appeal is denied for ratings in excess of 20 percent.

The Board dismissed the appeal due to the Veteran's death, and no jurisdiction remains for further action.

The Veteran's appeal for higher disability ratings for pulmonary fibrosis and left ankle synovitis with degenerative joint disease was denied. The Veteran is service-connected for these conditions, but the appeals are based on their merits rather than any presumption or secondary connection.

The Veteran's service-connected left ankle disability, manifested by pain and limited motion, is currently rated at a minimum of 10 percent. The Board has determined that the evidence does not support a higher rating.

The Board found no current diagnosis related to the right ankle and denied service connection for a right ankle disorder.

The Board has determined that the Veteran's current left ankle osteoarthritis is not service-connected, as there is no evidence of a chronic disability during or within one year after service. The claim for secondary service connection due to his right ankle condition was also denied.

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