Ankle decisions — 2017

The Board is remanding the case for additional development, including scheduling an examination to assess the severity of the Veteran's service-connected right ankle and left shoulder disabilities, obtaining VA treatment records, providing VCAA notice regarding a claim for TDIU, and readjudicating the issues in light of all evidence.

The Veteran's TDIU claim was denied as his service-connected disability does not meet the percentage requirements for a TDIU and does not preclude substantially gainful employment. Factors warranting a referral for TDIU on an extraschedular basis are not present.

The Veteran's lumbar spine spondylosis with disc degeneration is rated at 20 percent, effective April 16, 2009. The right knee and ankle disabilities are each rated at 10 percent.

The Veteran's service-connected disabilities do not preclude her from securing or following substantially gainful employment consistent with her education and industrial background.

The Veteran's appeal is being remanded to obtain additional evidence and for a VA examination. The issues of service connection for bilateral sensorineural hearing loss, tinnitus, right knee disorder, and right ankle disorder are on appeal.

The Board has granted service connection for a left ankle strain, finding that the Veteran's current condition is related to his in-service injuries. The talar break in the left foot was not addressed by this decision.

The Board has reopened the claim for service connection for PTSD and granted it. The Veteran's left ankle disability is currently rated at 30 percent, which is the maximum schedular rating available under DC 5271.

The Veteran's claims for increased ratings for left ankle strain, left hip strain, and left knee strain are being remanded due to inadequate VA examination findings. The case is also being remanded for a VA examination to determine the severity of his lumbar spine disorder.

The Board is remanding the case for further development, including obtaining updated VA treatment records and scheduling a VA examination to determine if any right hip or bilateral ankle disability present during the period of the appeal is related to the Veteran's active service.

The Veteran's appeal is being remanded for additional development, including a new VA examination and readjudication of the increased rating and TDIU claims.

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

The Board has remanded the case for additional development, including obtaining VA Vocational Rehabilitation records and an addendum opinion from the April 2016 VA examiner regarding the etiology of the Veteran's bilateral hearing loss disability.

The Veteran's claim of a rating in excess of 10 percent for right thigh muscle injury is denied due to failure to report for necessary VA examination. The Veteran's SMC claim is also denied as he does not meet the legal criteria for payment at the housebound rate or based on need for regular aid and attendance.

The Veteran's claim for an increased level of SMC based on the need for additional aid and attendance under 38 U.S.C.A. § 1114(r) has been denied as he does not meet the legal criteria for such.

The Veteran's claim for service connection for left knee and ankle disabilities is being remanded due to the need for a VA examination.

The Veteran's claims for service connection, SMC based on housebound status and/or a need for the regular aid and attendance of another (A&A), and SAH are being remanded due to inadequate development in previous decisions. A new VA examination is required to determine if any current right ankle disability is related to his active military service.

The Veteran's service-connected disabilities render him unemployable, and the case is being remanded for further development to determine his employability.

The Board has remanded the case for further development, including obtaining VA and private medical records, scheduling examinations, and readjudicating the claims.

The Board has determined that the Veteran's current right lower leg, thigh, knee, ankle, and back disorders are not related to his active military service or caused by his service-connected bilateral pes planus. The preponderance of evidence is against these claims.

The Veteran's claim for a higher rating of his left leg disability is being remanded due to the need for updated VA examinations.