Ankle decisions — 2017

The Board dismissed the appeal due to the Veteran's death, and no jurisdiction remains for the merits of the claim.

The Veteran's right shoulder disability has been granted service connection with an effective date of June 12, 2013.,The Veteran's radiculopathy of the right and left lower extremities have each been granted a separate evaluation at 10 percent.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional development, including obtaining medical records and conducting examinations.

The Veteran's service-connected bilateral hearing loss, chronic otitis media status (right ear disability), and right ankle disability are all rated at the maximum available under their respective diagnostic codes. The appeal is denied as there is no basis for a higher rating.

The Board has remanded the case for additional examination and review of new medical evidence. The Veteran's appeal is now with the RO to consider this new information.

The Board denied the Veteran's claims for increased ratings and service connection, finding that his knee and ankle disabilities did not meet or approximate the criteria for higher disability ratings under applicable diagnostic codes.

The Veteran's left ankle disability is currently rated at 40 percent, the maximum schedular rating for a total left ankle replacement with failed fusion. The Board finds that an increased rating is not warranted as his condition does not meet or approximate the criteria for any higher evaluation under any applicable diagnostic code. Additionally, the Veteran has not been shown to be unemployable due to his service-connected disabilities.

The Board has denied the Veteran's claim of entitlement to service connection for a right ankle disability as secondary to his service-connected left knee disability, finding that the current right ankle disorder is not proximately due to or aggravated by his service-connected left knee disability.

The Veteran's PTSD is granted as service connection due to a personal assault during service. The left ankle sprain is denied as not related to service.

The Veteran's claims for service connection for prostate cancer, sleep apnea (secondary to GERD and PTSD), diabetes mellitus, type II, hypertension, and TDIU are denied. The Veteran's residuals of a left ankle condition do not meet the criteria for an evaluation in excess of 20 percent.

The Veteran's service-connected disabilities, including psoriasis, PTSD, right knee replacement, ankle degeneration, hammertoes, spinal and sacroiliac joint psoriatic arthritis, left knee psoriatic arthritis, and anemia, rendered him unable to obtain and maintain substantially gainful employment as of July 2, 2013.

The Veteran's service-connected degenerative joint disease of the right ankle, residuals of right ankle fracture, is currently rated at 10 percent and does not meet the criteria for a higher evaluation.

The Veteran's left ankle disability is currently rated at the maximum schedular rating of 20 percent, and there is no evidence to support a higher rating. The Board finds that the preponderance of the evidence is against an evaluation in excess of 20 percent.

The Board has determined that the evidence currently of record is sufficient to substantiate the Veteran's claim of entitlement to service connection for sleep apnea. The Veteran's obstructive sleep apnea was incurred in service.

The Veteran's claim for an effective date earlier than February 17, 2012, for the award of service connection for residuals of a right calcaneal fracture is granted. The effective date is set at January 5, 2009.

The Veteran's service-connected disabilities render him incapable of securing or following a substantially gainful occupation, and the Board finds that he is entitled to TDIU for the entire rating period on appeal.

The Veteran's service-connected disabilities, including ischemic heart disease, diabetes mellitus, peripheral neuropathy, and PTSD, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on the combined rating of 90% for these conditions.

The Veteran's service-connected right ankle disability was granted a rating of 20 percent, effective prior to February 1, 2017. The left ankle disability is also rated at 20 percent. Service connection for right ankle sural neuropathy secondary to the right ankle disability is established.

The Board has found that the evidence is in equipoise concerning the Veteran's claim for entitlement to service connection for a left ankle disability and therefore has granted the claim. The case is now remanded to determine if any of his remaining claimed disabilities are secondary to the service-connected left ankle disability.

The Veteran's claim for service connection for various conditions, including a right ankle disability, respiratory disorder, urinary tract disorder, skin disorder, pelvic disorder, BPH, psychiatric disorder other than PTSD, and sleep disorder, was denied as the evidence did not support these claims.