Ankle decisions — 2017

The Veteran's migraine headaches are currently rated at 30 percent, but the Board has determined that they meet the criteria for a maximum 50 percent rating since June 1, 2010. The right ankle disability is not addressed in this decision.

The Veteran's appeals for service connection have been dismissed due to withdrawal of the claims. The claim of service connection for a cardiovascular disorder, neurological disorder, and right ankle disability has been denied. The claim seeking an effective date earlier than November 30, 2010, for the grant of service connection for a right ankle disability has also been denied. The Veteran's claim of service connection for fatigue (manifested by chronic fatigue syndrome) was not reopened due to lack of new and material evidence. Service connection for bilateral hearing loss is granted. Service connection for skin disorder and multi-joint pain (fibromyalgia) are denied. Service connection for a sleep disorder (manifested by sleep apnea) is also denied. The Veteran's headaches, right elbow disability, intermittent diarrhea, and right ankle disability have all been assigned the lowest possible rating of 10 percent.

The Veteran's right ankle disability is currently rated at 10 percent, but the Board has determined that a higher rating of 20 percent is warranted based on marked limitation of motion.

The Board found the evidence against a finding that the Veteran's current left ankle disability is causally related to his military service, and thus denied his claim for service connection.

The Board dismissed the motion for revision of a November 19, 2015 decision based on clear and unmistakable error (CUE) because there was no final denial of benefits to review.

The Board has remanded the case for further development due to VA's failure to obtain certain medical records. The Veteran and his attorney provided authorization forms, but some providers did not respond or provide incorrect information.

The Veteran's claims for a higher rating for bronchial asthma and TDIU are being remanded due to the need for additional development, including obtaining VA treatment records and conducting an examination.

The Board found no current right ankle disability and concluded that the Veteran's claimed right ankle disorder is not related to his service, thus denying his claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining relevant private treatment records and securing VA examinations to address his claims.

The Veteran withdrew his appeals for earlier effective date and increased rating for right leg sciatic sensory neuropathy with right ankle motor weakness, as well as service connection for bilateral hip and knee disabilities.

The Board has remanded the Veteran's appeal due to scheduling issues and is advancing his case on its docket. The Veteran will be scheduled for a hearing at the Indianapolis RO, with consideration of his current dialysis schedule.

The Board has determined that there is no evidence of a current disability related to the Veteran's service, and thus denied his claim for service connection for a bilateral ankle disability.

The Veteran's appeal was granted for service connection of PTSD with depression. Other claims were not resolved in his favor.

The Board finds that the Veteran's service-connected disabilities are severe enough to warrant Category I status for self-employment, but the evidence does not show that all traditional employment goals other than self-employment are unsuitable due to his disabilities. Therefore, the appeal is denied.

The Veteran's right ankle sprain and thoracolumbar spine disability are currently rated at 10 percent each. The Board found no evidence of higher ratings based on the current functional limitations.

The Board has determined that the Veteran's current left ankle disability is not related to service or caused by his right foot/right ankle disability, and thus denied the claim for service connection.

The Board has remanded the case due to non-compliance with previous directives and issues related to missing service treatment records. The Veteran's claims for service connection on multiple disabilities are pending.

The Board finds that the Veteran's tinnitus is related to his active service and grants service connection for this condition.

The Board found that the Veteran's current right wrist, knee, and ankle disorders were not incurred in or aggravated by service. The evidence did not support a finding of direct service connection.

The Veteran's right ankle disability was granted a 20 percent rating, effective from the date of the decision. The lumbosacral strain was granted a 40 percent rating prior to September 2, 2014 and a 30 percent rating thereafter.