Ankle decisions — 2017

The Veteran's left shoulder disability is rated as 20 percent disabling prior to October 28, 2015 and 30 percent thereafter. The right ankle and left ankle disabilities are each rated at 20 percent.

The Veteran's cause of death was not service-connected, and he did not meet the criteria for DIC under 38 U.S.C.A. § 1318.

The Board has determined that the Veteran does not have a current diagnosis of left leg disorder, left ankle disability, or chronic disability manifested by loss of balance, dizziness, and vertigo. Therefore, service connection for these conditions is denied.

The Veteran's service-connected disabilities meet the schedular requirement for a TDIU and are reasonably shown to render him unable to secure and follow a substantially gainful occupation since October 16, 2012.

The Veteran's appeal for service connection on the issues of right knee, right ankle, bilateral foot, skin and allergy disabilities is dismissed as these conditions have already been granted for teeth number 23 and 24 trauma residuals for dental treatment purposes only.

The Veteran's claims for service connection for left ankle and right foot disabilities, as well as migraine headaches secondary to service-connected conditions, are being remanded for additional development.

The Board found that the Veteran's current right ankle disability was not present during service or within one year of discharge, and is not shown to be causally related to his active military service.

The Veteran's claims for service connection for a kidney disability and left ankle trauma are being remanded due to inadequate examination opinions, incomplete development of private treatment records, and the need for further consideration.

The Board finds that the preponderance of the evidence is against a finding that the Veteran has been diagnosed with a bilateral ankle disability at any time during the pendency of the claim on appeal. The claim for service connection for a bilateral arm disability is also denied.

The Veteran's service-connected disabilities, including right ankle disorder, tinnitus, bilateral hearing loss, left thumb fracture, inguinal hernia, right hip DJD, and surgical scar, have rendered him unable to secure or follow substantially gainful employment for the period from May 9, 2006 to March 13, 2011. The Board has granted a TDIU on an extraschedular basis during this timeframe.

The Veteran has been granted service connection for PTSD and his bilateral shoulder disability. His neck, upper back, hand, knee, and ankle disabilities are not related to active service or service-connected conditions.

The Veteran is seeking service connection for a right ankle disability. The case has been remanded due to the need for additional development, including an examination and opinion on whether his current right ankle disability is related to or aggravated by his in-service right ankle sprain.

The Board found that the Veteran's left ankle disorder was not caused by service and denied his claim for service connection.

The Veteran's prostate disorder was not related to service, and there is no evidence of osteoarthritis or peripheral neuropathy. The Board denied the claims for these conditions.

The Veteran's service-connected right ankle disability, along with other disabilities, renders him unable to secure and follow a substantially gainful occupation.

The Veteran's left ankle disability was reduced from a 20% rating to a 10% rating, and his bilateral hearing loss was reduced from a 30% rating to noncompensable. The effective dates for these reductions were amended to June 1, 2016.

The Veteran's initial claim for a higher rating for his left ankle disability was granted, and he is now rated at 20% from November 15, 2016 forward. The Board found that the current 20% rating adequately reflects the severity of his condition.

The Board has determined that the Veteran's right ankle disability warrants a 10 percent rating prior to March 3, 2008 based on limitation of motion.

The Board has ordered a new medical opinion to address the Veteran's ankle condition and its relation to service. The appeal is being remanded for this purpose.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of her service-connected left-ankle stress fracture and obtain any outstanding VA treatment records.