Ankle decisions — 2017

The Veteran is granted special monthly compensation based on being housebound due to his service-connected disabilities. However, he is denied special monthly compensation based on the need for aid and attendance as his dementia contributes to his inability to perform daily activities.

The Veteran's service-connected disabilities do not prevent him from obtaining or maintaining substantially gainful employment, as his anxiety disorder does not cause more than intermittent periods of inability to perform occupational tasks.

The Board has decided to remand the Veteran's claims for further development due to incomplete medical records and need for additional examination.

The Board has determined that the Veteran's current left and right ankle disabilities are at least as likely as not related to his service, granting service connection for these conditions.

The Board has remanded the case to obtain additional development and determine the current severity of the Veteran's right ankle disability, TBI residuals, and headache disorder. The claim for service connection is inextricably intertwined with these issues.

Your appeal is being remanded to the RO for a Travel Board hearing. Your claims for service connection are still pending.

The Board has remanded the case for additional development due to incomplete medical records and need for new examinations.

The Board granted a 10 percent disability rating for the Veteran's right ankle disability prior to April 22, 2016 and denied any higher ratings thereafter. The appeal is resolved in favor of the Veteran.

The Veteran's tinnitus is related to service, as evidenced by his military occupational specialty and the onset of symptoms shortly after service. Service connection for this condition is granted.,Service connection for right ankle strain is denied because there is no evidence linking it to active duty service.,Service connection for left knee strain is denied due to lack of evidence connecting it to service.,Service connection for lumbosacral degenerative disc disease is denied as the Veteran's current condition does not appear related to his military service.,Service connection for sleep apnea is granted because it is secondary to diabetes mellitus, a service-connected disability.,Service connection for right upper extremity peripheral neuropathy is granted as it is secondary to diabetes mellitus, a service-connected disability.,Service connection for left upper extremity peripheral neuropathy is granted due to its relationship with the Veteran's service-connected diabetes mellitus.,Service connection for right lower extremity peripheral neuropathy is granted based on its relation to his service-connected diabetes mellitus.,Service connection for left lower extremity peripheral neuropathy is granted as it is secondary to his service-connected diabetes mellitus.

The Veteran's claims for bilateral hearing loss, tinnitus, and a left ankle sprain were denied in 1979. He did not file new claims until June 2015, at which point he was granted service connection with effective dates of June 10, 2015.

The Board has determined that the Veteran's left ankle disorders, including status post fusion, tibial talar joint; nonunion fracture, base of lateral malleolus; marked periosteal reaction with increase bone density of the tibia and fibula, increased bone density of the os calcaneus and talus; diffuse soft tissue swelling; secondary lymphedema; and left Charcot foot, were not caused by service.

The Veteran's right ankle disability has been rated as 10 percent disabling throughout the appeal period. The evidence does not show a marked limitation of motion, which is required for a higher rating. For TDIU, the Veteran's combined service-connected disability rating was found to be less than 60% and he did not meet the schedular criteria for TDIU based on his education and work experience.

The Veteran's right ankle disability has been rated at 20 percent since November 2, 2009. The Board found that the evidence did not support a higher rating for any of the periods covered.

The Board has remanded the claims for service connection due to inadequate examination and new evidence submitted by the Veteran. The claims will be reconsidered with consideration of Dr. C.H.'s submissions.

The Veteran's left ankle disability is rated at 20 percent since January 20, 2011. The claims for service connection for a left knee disability, right knee disability, and bilateral foot disability are reopened, but the evidence does not meet the requirements for establishing service connection in these cases. The claim for service connection for a right ankle disability is granted.

The Board has reopened the Veteran's claim for service connection for bilateral ankle sprains. However, the claims for service connection for bilateral knee disorder and bilateral hip disorder have been denied as they are not related to service or an undiagnosed illness.

The Veteran does not have a single permanent disability rated at 100% disabling under VA's Schedule for Rating Disabilities, and therefore is not eligible for special monthly pension by reason of being housebound.

The Board finds that the evidence supports an initial 40 percent rating effective September 10, 2015, for a left ankle disability due to ankylosis of the left ankle in plantar flexion at 40 degrees and in dorsiflexion at 20 degrees with an inversion deformity and in poor weight-bearing position.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims, including obtaining any outstanding treatment records and providing new VA examinations.

The Veteran's right ankle disability is etiologically related to active service and the Board finds in favor of granting service connection for this condition.