Ankle decisions — 2017

The Board found that the Veteran's current left and right ankle disabilities did not manifest in service or within one year of discharge, and the only competent opinions to address their etiology weighed against the claims. The diagnoses are considered new and separate conditions unrelated to his service.

The Board found that the Veteran's current low back, left ribs region, left ankle, and right wrist disabilities were not incurred in or aggravated by active service. The VA examinations did not find a link between these conditions and service.

The Veteran's appeal for an increased rating for his right ankle injury with retained metallic foreign body was denied because he failed to report for a scheduled VA examination.

The Board has denied the Veteran's claims for service connection for lumbar degenerative arthritis, degenerative joint disease of both ankles, and chondromalacia with x-ray evidence of degenerative joint disease of both knees. The Board found that there is no medical evidence showing a link between these conditions and service.

The Board has ordered a remand to obtain an updated medical opinion regarding the Veteran's left ankle and foot disabilities, as well as to obtain additional treatment records. The claim will be reconsidered after these actions.

The Veteran's right ankle disability, characterized by osteochondritic changes and postoperative residuals, has been rated at 20 percent since May 2008. The Board finds that the current rating of 20 percent is inadequate to reflect the severity of the Veteran's condition, which most closely resembles ankylosis of the ankle with specific measurements exceeding those required for a 40 percent rating under DC 5270.

The Board has determined that the Veteran's migraine headaches and bruxism/ TMJ disorder manifested during his military service, and thus grants service connection for these conditions.

The Veteran's appeal has been withdrawn and thus the case is dismissed.

The Veteran's lumbar spine disability was granted a higher rating of 20 percent effective October 7, 2013. Service connection for left ankle disorder, diabetes mellitus, and bilateral hearing loss were all granted.

The Veteran's appeal is being remanded to obtain additional medical records and for a new VA examination. The issue of entitlement to an initial rating in excess of 30 percent for bilateral pes planus with bilateral ankle deformity and malalignment remains on appeal.

The Veteran's appeal has been withdrawn due to the Veteran's request for withdrawal prior to a decision being made.

The Veteran's appeals for increased ratings and effective dates were denied. The Board found that the evidence did not meet the criteria for higher ratings or earlier effective dates.

The Veteran does not have a single disability rated as 100 percent disabling, and he is not housebound due to his disabilities. The Board finds that the criteria for special monthly pension based on the need of regular aid and attendance are not met.

The Veteran's right and left ankle disabilities have been rated at 20 percent each, effective from the date of the July 2010 rating decision.

The Veteran's claim for increased SMC based on need for higher level of aid and attendance is denied as he does not meet the criteria for receiving SMC at the maximum rate under 38 U.S.C.A. § 1114(o).

The Veteran's right ankle disability has not been found to warrant a rating in excess of 10 percent, as it does not meet the criteria for marked limitation of motion or ankylosis.,The Veteran's bilateral pes planus disability has also not been found to warrant a rating in excess of 30 percent, as it does not meet the criteria for pronounced deformity, severe spasms of the Achilles tendon, or extreme tenderness of the plantar surfaces of the feet.

The Veteran's appeal includes multiple issues related to his service-connected disabilities and a request for TDIU. The case is being remanded for scheduling a videoconference hearing before the Board.

The Veteran's service-connected disabilities have rendered him unable to obtain and maintain substantially gainful employment for the entire appeal period.

The Veteran's acquired psychiatric disorder, diagnosed as major depressive disorder (MDD), is found to be related to his active service. The Board grants service connection for this condition.

The Board has granted service connection for a cervical spine disability, but separated the thoracic and lumbar segments from the cervical segment due to the Veteran's assertion that his claim encompasses all three segments.,Service connection was denied for a right ankle disability as there is no evidence of in-service occurrence or relationship to service.