Ankle decisions — 2017

The Board has granted service connection for bilateral hearing loss and remanded the remaining issues on appeal due to inadequate examination reports.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.

The Veteran's service-connected disabilities, including his right hand injury, right knee disability, and bilateral hip conditions, render him unable to secure or follow a substantially gainful occupation.

The Veteran meets the schedular requirements for a TDIU rating and it is reasonably shown that, by virtue of his service-connected disabilities, he is unable to obtain or maintain substantially gainful employment.

The Board has remanded the case for additional development, including obtaining a VA examination and etiology opinion regarding service connection for an acquired psychiatric disorder. The issue of whether clear and unmistakable error (CUE) is present in a February 2009 rating decision that denied service connection for a left ankle disorder remains pending.

The Board has granted service connection for a low back disability, but denied service connection for left and right ankle sprains, right Achilles tendonitis, and right foot fracture residuals.,The Veteran's low back disability is presumed to have been incurred in service due to the nature of his military occupational specialty.

The Board denied service connection for arthritis of multiple joints, including the left hand, left wrist, bilateral hips, bilateral ankles, and bilateral feet.,The Board also denied service connection for right great toe gout and left great toe gout. The Board found that these conditions did not manifest within one year of discharge from service or were not related to service.

The Board has remanded the Veteran's claims for additional development due to deficiencies in the examination reports and remand directives.

The Veteran's asthma, acquired psychiatric disorder (PTSD, anxiety, and depression), back disability, cervical spine disability, heart disability, bilateral ankle disability, left foot disability, right foot disability, bilateral hip disability, bilateral knee disability, and bilateral shoulder disability are not service connected. The Veteran's tinnitus and hearing loss were found to be aggravated by service.

The Board denied the Veteran's claims for service connection for left ankle, left hip, and lumbar spine disabilities as they were not caused or aggravated by any aspect of his military service.

The Board has granted service connection for bilateral knee osteoarthritis and right ankle disability status total ankle arthroplasty, finding that the Veteran's current conditions are related to his period of service. The initial ratings assigned were also upheld.

The Veteran's appeal is remanded due to the need for a new VA examination to assess his current level of disability and its impact on daily activities.

The Board has determined that the Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation as of April 11, 2008, and therefore grants an earlier effective date for TDIU.

The Board found that the Veteran's seizure condition, headaches, and right ankle condition were not incurred or aggravated by service. The preponderance of evidence indicated that these conditions existed prior to her periods of active duty for training (ACDUTRA) and did not worsen during those periods.

The Board has determined that the Veteran's right ankle disability warrants a 20 percent rating, effective September 4, 2008.

The Veteran's claims for increased ratings and a TDIU were granted. The Veteran was assigned a 30 percent rating for posttraumatic headaches, separate 10 percent ratings for right knee arthritis and left knee arthritis as of September 22, 2008, and an initial 10 percent rating for right ankle arthritis with a chronic tear of the anterior ligament. The Veteran was also granted TDIU.

The Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation, and the Board finds that his combined disability rating of at least 70 percent with one disability rated at least 40 percent is sufficient to grant TDIU.

The Veteran's psychiatric disorder was not incurred in or aggravated by service and is not secondary to a right knee, left knee, or lumbar spine disability.,The Veteran's right ankle strain was caused by injuries in service and is related to his service.

The Veteran's major depressive disorder is rated at 70 percent, and her reflux sympathetic dystrophy of the right foot, lower leg, and ankle is rated at 40 percent. The other conditions are not increased.

The Veteran's TBI and psychiatric disorder were granted effective November 19, 2005. The Board found that the low back, neck, and right ankle conditions are not related to service.