Ankle decisions — 2017

The Board has determined that the Veteran's service-connected orthopedic disorders, including low back disorder, left ankle disorder, right knee disorder, left knee disorder, right shoulder disorder, and left elbow disorder are related to his active duty service.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a new VA examination to assess the severity of his service-connected left ankle disability. The TDIU claim is also being remanded as it is inextricably intertwined with the increased rating claim.

The Board has determined that the Veteran is entitled to service connection for tinnitus and an acquired psychiatric disability, including PTSD, depression, and anxiety. The remaining claims are dismissed due to withdrawal of appeal.

The Veteran's initial claim for service connection for a left ankle disability was denied in February 1997, and the denial became final. The Veteran did not submit new and material evidence within one year of that decision.,In March 2009, he submitted a VA Form 21-4138 and letter from his representative, which the RO accepted as an application to reopen the claim for service connection for a left ankle disability. The RO granted service connection in June 2010.

The Veteran's active service from June 26, 2001 to January 2, 2002 is established. As the Veteran had honorable discharge and served on active duty, he meets the criteria for veteran status and thus has basic eligibility for VA disability compensation benefits.

The Veteran's appeal has been dismissed due to their death. No claims have been decided.

The Board found that the Veteran's left ankle disability, manifested by pain and limited motion, does not warrant a higher rating than 10 percent.

The Veteran's left ankle disability is rated at 20 percent, and his left foot disability is also rated at 20 percent.,The Veteran's right shoulder scar is currently rated as 10 percent disabling. His left ankle scars are not compensable.

The Board has remanded the case for additional development due to incomplete medical records and authorization forms.

The Veteran's kidney stones have been granted a 10% rating effective September 22, 2016. The other issues were denied.

The Board has determined that the Veteran's left ankle disability had its onset during service and granted service connection. For his bilateral hearing loss, the Board found no evidence of a compensable rating as there was no significant impairment in either ear.

The Veteran's appeal is being remanded due to missing medical records. The VA will obtain the necessary records and associate them with the claims folder.

The Veteran's right ankle disability was rated at 10 percent under the criteria for degenerative arthritis, but did not meet the criteria for a higher rating due to lack of marked limitation of motion.,Prior to February 16, 2010, the Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation.

The Board has reopened the claims of service connection for residuals of a left shoulder injury, bilateral ankle disability, and headaches. However, further development is needed to determine the etiology of these disabilities.

The Board has determined that the Veteran does not have a current diagnosis for his left hip, left ankle, or low back conditions. Therefore, service connection on any basis is denied.

The Veteran's right ankle disability is not service-connected as there is no evidence of a current disability, and the medical records do not show any in-service injury or disease that could be linked to his current condition.

The Veteran's left leg and ankle disabilities are being remanded for further development, including a VA examination to determine the etiology of his left leg disability. The issues on appeal include service connection for these disabilities.

The Board has determined that the Veteran's left ankle lateral collateral ligament sprain warrants an initial rating of 20 percent, which is the highest schedular rating available.

The Board has determined that the Veteran does not have a current diagnosis of left or right foot disabilities, other than a service-connected right foot callus. The bilateral ankle disability is also denied as there is no evidence of osteoarthritis within one year following service discharge.,There is no competent evidence of a current left foot disability throughout the appeal period.

The Veteran's left ankle condition was granted a 20 percent rating. For his left foot plantar fasciitis, he received increased ratings in two periods: prior to May 19, 2014 (10 percent), and from May 19, 2014 to March 2, 2017 (30 percent). The Veteran's claim for a higher rating after March 2, 2017 was denied.