Ankle decisions — 2017

The Board has determined that the Veteran's left ankle disability is not related to his military service and cannot be considered secondary to his service-connected coronary artery disease. As a result, the claim for service connection for a left ankle disability is denied.

The Veteran's claims for service connection for various conditions, including TBI, headaches, sleep apnea, peripheral neuropathy of the upper and lower extremities, tremors of the hands, a mid-and-low back disorder, bilateral knee disorders, and bilateral ankle disorders have been denied. The Board found no current diagnosis of TBI or other claimed disabilities.

The Veteran's claim for a compensable disability rating for his left ankle scar was denied as the evidence did not show any limitation of function or other disabling effects resulting from the scar.

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and Gulf War examination.

The Veteran's service-connected disabilities, including PTSD and lumbar strain, render him unable to secure or follow a substantially gainful occupation.

The Board found that the Veteran's right ankle disability, characterized by pain and stiffness, did not have its onset in or is otherwise related to active service. The weight of evidence against a finding that the Veteran's current right ankle disability had its origin during his military service.

The Board denied the Veteran's claims for service connection for various conditions, including fibromyalgia, chronic fatigue syndrome (CFS), a right ankle disability, residuals of low back injury, right lower extremity sciatica, sinusitis, rhinitis, IBS, and GERD. The decision also addressed reopening of his claim for service connection for asbestos exposure.

The Veteran's right ankle disability is currently rated at 10 percent, and the Board finds that this rating adequately reflects his symptoms of painful motion, tenderness, and swelling without significant instability or limitation in range of motion.

The Board has remanded the case for further development due to insufficient examination and medical opinions regarding the etiology of the left ankle disorder. The Veteran's claim for service connection remains pending.

The Veteran's service-connected disabilities did not meet the schedular requirements for a TDIU prior to June 11, 2015. The Board found that the preponderance of evidence was against a finding that it is at least as likely as not that the Veteran was unable to secure and follow a substantially gainful occupation due to his service-connected disabilities.

The Board denied the Veteran's claims for service connection for pes planus, bilateral detached retinas, and left ankle arthritis. The Board found that there was no clear and unmistakable evidence of aggravation by service and concluded that these conditions were not incurred or aggravated by military service.

The Veteran's painful scars have been rated at 30 percent since July 1, 2013. The Board found that the Veteran has more than five scars that are both painful and stable throughout the entire appeal period.

The Veteran's PTSD is rated at 70 percent, effective February 10, 2010. The Board granted a rating of 100 percent for PTSD, effective the same date, and dismissed the TDIU claim as moot due to the grant of a 100 percent rating.

The Board has remanded the case for additional development due to inadequate range of motion testing in previous VA examinations.

The Board has denied the Veteran's claims for service connection for osteoarthritis of the ankles, edema of the lower extremities, gout and/or gouty arthritis, and a right ankle sprain. The evidence does not support these claims.

The Board has determined that the Veteran's current right ankle disability is not related to his military service and has denied his claim for service connection.

The Veteran's right ankle disability is currently rated at 10 percent for moderate limitation of motion, but does not meet the criteria for a higher rating as there is no evidence of marked or ankylosis.

The Veteran's service-connected disabilities, including his psychiatric conditions and orthopedic issues, have resulted in the need for regular aid and attendance. The Board has determined that he requires this assistance due to his service-connected conditions.

The Veteran's bilateral ankle disorder was aggravated by active duty service, and he is now granted service connection for this condition.,His back disorder also developed during active duty service, and the Board has granted service connection for it.

The Veteran's right ankle condition is service-connected, and his rib injury residuals are also found to be related to service. The Board finds that the Veteran has current diagnoses of a right ankle ligament disorder and chest pain due to rib injury, which were incurred in service.