Ankle decisions — 2017

The Board has remanded the case due to new evidence of worsening ankle conditions and an inferred claim for TDIU.

The Veteran's appeal is REMANDED due to the need for a new VA examination and additional medical records.

The Board has determined that the Veteran's current thoracolumbar spine disability is not related to his military service, and he was granted service connection for two left foot scars. However, there is no evidence of a left foot / ankle condition other than scarring.

The Veteran's claim of entitlement to a higher evaluation for his service-connected chronic left ankle strain is being remanded due to the inadequacy of the October 2008 VA examination and the need for further development.

The Veteran's right ankle degenerative joint disease is currently evaluated at 20 percent, but he does not have ankylosis. The Board finds that a higher evaluation is not warranted.

The Veteran's service-connected disabilities do not render him unemployable, as he is capable of performing the physical and mental acts required by employment.

The Veteran's appeal is remanded due to the need for additional VA examinations and treatment records. The issues of service connection for tinnitus, bilateral hearing loss disability, and left ankle disability are pending.

The Veteran is granted a 50 percent rating for depressive disorder, and the low back disability is rated at 40 percent prior to July 25, 2016, with no higher. The right knee and left ankle disabilities are each rated at 10 percent, while the right shoulder and cervical spine disabilities are also rated at 10 percent.

The Board has determined that the Veteran's claimed bilateral leg and ankle disabilities are not service-connected as they were not incurred or aggravated by her military service.

The Veteran withdrew his claims for service connection for TMJ, prostatitis, atherosclerotic cardiovascular disease, a left elbow disability, GERD, migraines (to include as secondary to obstructive sleep apnea), right ear hearing loss, and hypertension during his October 2016 Board hearing.

The Board has determined that the Veteran does not have current diagnoses of right and left ankle or foot disabilities for which service connection can be granted. The evidence shows no disability during the pendency of his claims, with some recent complaints of pain but no diagnosis.

The Board has determined that there is no evidence to support the Veteran's claims for service connection for low back, right ankle, and left ankle disabilities. The preponderance of the evidence does not establish a direct relationship between these conditions and his military service.

The Board has denied the Veteran's claims for service connection for low back, bilateral ankle, and bilateral hip disabilities as secondary to his service-connected osteoarthritis of the knees. The evidence does not support a finding that these conditions are related to his service-connected knee condition.

The Board has remanded the Veteran's claims for additional development due to inadequate examination reports and incomplete medical records.

The Board has reopened the Veteran's claim for service connection for a left ankle disability and granted service connection. However, there is no established diagnosis of ankylosis in his left knee, thus preventing the grant of service connection for that condition.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and development of records.

The Board has remanded the claims for service connection for right knee, left knee, right ankle, and left ankle disorders due to incomplete development.

The Board has determined that the Veteran's current left ankle/foot disability is not attributable to disease or injury sustained during his period of service and osteoarthritis of the left ankle was not manifest within one year of separation from service. Therefore, the claim for service connection is denied.

The Board has granted service connection for residuals of a right ankle injury and the residuals of a nose injury, finding that there is at least as much evidence to support these claims.

The Board has determined that the Veteran's hearing loss, tinnitus, bilateral lower extremity disorder, and left foot and ankle disorder are related to service. The claims for these conditions have been granted.