Ankle decisions — 2017

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical records and scheduling examinations.

The Board has remanded the case for additional development due to inadequate reasons or bases in the July 2014 VA examinations.

The Veteran's residuals of a fracture of the right tibia and fibula were rated 20 percent from September 3, 2008 to April 15, 2013; 20 percent from April 16, 2013 to August 13, 2014; and 30 percent on and after August 14, 2014. The Veteran's scars were rated 20 percent from September 3, 2008 to April 15, 2013; 30 percent from April 16, 2013 to August 13, 2014; and 40 percent on and after August 14, 2014. The Veteran's claims were granted.

The Veteran's DJD of the lumbar spine is currently rated at 40 percent, effective July 5, 2011. The Board finds no basis for a higher rating.,For the period prior to July 12, 2016, the Veteran's left ankle disability has been rated at 10 percent and his right ankle disability has been rated at 10 percent.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied because the surgical procedure was performed at a non-VA facility and not by a VA employee, thus failing to meet the legal requirements for such claims.

The Veteran's left ankle disability is manifested by no more than moderate limitation of motion, and a rating in excess of 10 percent for the left ankle disability is not warranted.

The Veteran's service-connected right and left ankle disabilities are currently rated at the maximum available rating under Diagnostic Code 5271. No higher ratings are warranted as they do not meet the criteria for a disability rating greater than 20 percent.

The Board has remanded the case for further development, including obtaining VA treatment records and Social Security Administration (SSA) records. A new VA examination is needed to assess the current severity of the Veteran's service-connected asthma and sinusitis. The TDIU claim will also be remanded.

The Board has granted increased initial ratings of 40 percent for the lumbar spine disability since September 20, 2013 and 20 percent for both right and left ankle disabilities since September 20, 2013. The Veteran's claims for service connection for plantar warts have been withdrawn.

The Veteran's bilateral pes planus disability had its onset in service and is granted as service connected.

The Board has determined that the Veteran's right and left ankle strains, gastrocnemius equinus, and degenerative joint disease are related to her service.

The Board has remanded the Veteran's claims for additional development due to missing service medical records and incomplete etiology opinions.

The Veteran's appeal is being remanded for additional development, including new examinations and completion of a VA Form 21-8940. The TDIU claim will be adjudicated after the necessary information has been obtained.

The Veteran's claims for service connection for bilateral knee and ankle disorders are being remanded due to the need for additional development, including a VA examination.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling a VA examination to assess the severity of his service-connected knee and ankle disabilities.

The Board has determined that a remand is required due to the Veteran's failure to attend scheduled VA examinations. The case will be returned for further development and consideration.

The Board has determined that the Veteran's back and left ankle disorders are not related to service, and therefore denied both claims.

The Veteran's claims of entitlement to service connection for various conditions have been granted. The disabilities are considered direct service connections.

The Veteran's appeal is being remanded for a new VA examination to assess the severity of his service-connected right ankle disability, as well as obtaining additional medical records.

The Veteran's claim for service connection for an ankle disability is denied as there is no persuasive evidence of a current disability that is related to his active service.