Ankle decisions — 2017

The Veteran's appeal is being remanded for a videoconference hearing before the Board of Veterans' Appeals.

The Veteran's tinnitus is service connected, but his bilateral hearing loss and ankle disorders are not.,Service connection was denied for the Veteran's bilateral hearing loss and ankle disorders due to lack of evidence linking these conditions to service.

The evidence does not show that the Veteran's service-connected disabilities alone rendered him unable to secure and follow a substantially gainful occupation from June 25, 2010 to December 8, 2013.

The Board has remanded the case due to insufficient consideration of lay statements and medical opinions regarding the Veteran's foot conditions during service.

The Board has decided that the Veteran's claims for service connection for right hip injury and left ankle injury need further examination to determine if they are related to his military service. The case is being sent back to the RO for this purpose.

The Veteran's appeal is being remanded due to the need for a hearing before a Veterans Law Judge appearing by live video teleconference (VTC).

The Veteran's appeal is being remanded due to inadequate VA examinations of his knees, ankles, and feet. The case will be returned for further evaluation.

The Board has remanded the case for additional development, including obtaining a new VA examination and addressing the Veteran's claims of service connection and increased evaluation for his left ankle disability.

The Veteran's appeal is being remanded for further development, including obtaining SSA records and conducting VA examinations to assess the severity of his service-connected disabilities.

The Board denied service connection for dynamic toe contracture of the bilateral feet, right thumb disability, and colitis. The Veteran's established service-connected disabilities include bilateral metatarsalgia and pes planus.

The Veteran's left-ankle disability is rated at 20 percent effective November 13, 2008 and granted TDIU effective January 5, 2016. The claim for increased rating prior to that date is denied.

The Board found that the Veteran does not have a current diagnosis of bilateral knee, ankle, or foot disabilities and thus did not meet the first element of service connection.,Therefore, the claims for service connection for bilateral knee, ankle, and foot disorders were denied as there was no evidence of a current disability related to active duty service.

The Veteran is seeking a TDIU based on her service-connected disabilities, which include right foot and left foot hallux valgus, post-operative bunionectomy; right foot metatarsalgia, post-operative; right and left hip strain; right and left knee strain; post-operative healed left ankle fracture with ORIF; residual scars left foot/ankle, right foot; surgical scars of the right and left great toes and right foot. The Veteran asserts that her service-connected disabilities prevent her from working due to pain caused by these conditions.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Board denied the appellant's claims for service connection for his left ankle disorder, hepatitis B, neck disorder, low back disorder, headaches, and nerve disorder in upper extremities. The character of discharge under other than honorable conditions barred VA compensation benefits for these disabilities.

The Board has ordered additional development of the Veteran's claims for compensable ratings for his right and left ankle disabilities, including obtaining VA medical records and scheduling him for a VA examination to evaluate the severity of these conditions.

The Board found that the Veteran's left ankle disability does not meet or approximate the criteria for a rating in excess of 30 percent, as it did not result in ankylosis or loss of use of the foot. The current 30 percent rating is therefore maintained.

The Board finds that the Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment.,The evidence is at least evenly balanced as to whether the Veteran's diagnosed acquired psychiatric disorder is proximately due to his service-connected disabilities.

The Board has remanded the case for additional development, including obtaining an addendum opinion from the November 2016 VA examiner to address whether the Veteran's current left foot/ankle conditions are etiologically related to any symptomatology noted during service and whether there is clear and unmistakable evidence that his pre-existing condition was not aggravated by service.

The Veteran's right and left knee disabilities, as well as his sleep apnea, were not incurred in or aggravated by service. The Veteran's cervical spine disability was granted based on new evidence submitted since the last rating decision.