Ankle decisions — 2017

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 was granted service connection for degenerative change on the articular surface of the distal tibia, left leg. The other claims were denied.,Service connection was not established for residuals of cold injury to the right foot or sleep apnea.

The Board has denied the reopening of the Veteran's claims for service connection for a lung disorder, low back disorder, and left ankle disorder. The claim for an increased rating for tinnitus is also denied.

The Board has determined that there is new and material evidence to reopen the Veteran's claim for service connection of a right ankle injury. However, the weight of the evidence does not support finding a nexus between the current right ankle condition and in-service ankle sprains.

The Veteran's right ankle degenerative joint disease and acquired psychiatric disabilities, including major depressive disorder and generalized anxiety, are found to be related to his service-connected tinnitus. The Board has granted service connection for these conditions.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his left ankle disability, which has worsened since his last examination in July 2013. The examiner should document all ranges of motion and whether there is ankylosis.

The Veteran's claims for service connection for headaches, IBS, and bilateral ankle disability were denied. The Veteran's pseudofolliculitis barbae was granted a noncompensable rating as it did not meet the criteria for a compensable rating.

The Board has remanded the case for extraschedular consideration due to a request from the Veteran in his Post-Remand Brief.

The Veteran's left ankle disability has been rated at 20 percent since June 2012, and no higher rating is warranted based on the evidence of record.

The Veteran's claims for service connection are denied as the evidence does not support a finding that any of these conditions were incurred or aggravated by his military service.

The Veteran's left ankle disability is currently rated at 20 percent disabling, effective December 14, 2016. The appeal for a higher rating has been granted.

The Veteran's multiple joint pains, bilateral ankle pain, and left elbow pain are not service connected as an undiagnosed illness or due to exposure to Gulf War toxins. The VA has denied these claims.

The Veteran's sinusitis, sleep apnea, and right ankle disability have been granted service connection. The Veteran has also been awarded a 30% rating for GERD.

The Veteran withdrew his claims for service connection for bilateral ankle arthritis during the May 2017 Board hearing.

The Veteran's claims for service connection for residuals of a right ankle fracture, bilateral hearing loss, and tinnitus were denied as there was no evidence of current disabilities or causation due to military noise exposure.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims for service connection for various conditions. However, the evidence does not support a finding of current disabilities or a link between any claimed condition and service.

The Board has denied the Veteran's claims for service connection for left ankle and right shoulder disabilities, finding that there is no credible evidence of in-service injury or disease. The preponderance of the evidence does not support a finding of nexus between current disability and military service.

The Veteran's service-connected residuals of a left ankle injury are rated at 10 percent, effective from July 27, 2009. The Board finds that the disability does not warrant a higher rating as there is no evidence of marked limited motion of the left ankle.

The Veteran's skin disorder and right ankle disorder are found to have begun during his active duty service. Service connection is granted for these conditions. The Veteran's PTSD rating claim remains pending.

The Veteran's left ankle disability was rated at 20 percent since January 25, 2010. The right and left knee disabilities were each rated at 10 percent since December 29, 2009.