Ankle decisions — 2018

The Veteran's appeals for a compensable disability rating for his right ankle condition and increased disability ratings for IBS with GERD have been dismissed. The appeal of service connection for a kidney disorder, secondary to the service-connected IBS with GERD, has been remanded.

The Board has granted service connection for bronchitis, finding that the Veteran's current condition is at least as likely as not related to his in-service respiratory issues and smoking. The other claims are denied.

The Board has remanded the Veteran's claims for service connection for bilateral knee and ankle disabilities due to a lack of notification regarding a scheduled VA examination, which may have affected the outcome of his case. The AOJ is instructed to schedule the Veteran for a VA examination and provide him with another opportunity to respond to any additional evidence.

The Veteran's appeal was granted for a total disability rating based on individual unemployability due to service-connected disabilities, but the claim for an increased rating for posttraumatic stress disorder remains pending.

The Veteran's appeal for service connection on the issues of diabetes mellitus, type II; basal cell carcinoma (claimed as skin cancer); right hip disorder; right knee disorder; and right ankle disorders has been dismissed. The remaining claims for service connection have been remanded.

The Veteran's claims for service connection for a bilateral ankle disability and bilateral hearing loss and tinnitus were denied as there was no evidence of a nexus between the disabilities and active service.

The Board has remanded the claims for right and left ankle disabilities due to insufficient evidence regarding whether these conditions are caused or aggravated by a service-connected condition, specifically the Veteran's left knee disability. The TDIU claim is also remanded in conjunction with the ankle issues.

The Veteran's TDIU claim was denied as his combined disability rating does not meet the schedular criteria for a TDIU under 38 C.F.R. § 4.16(a) for any period on appeal, and he has not been precluded from securing or following a substantially gainful occupation due solely to his service-connected disabilities.

The Veteran's right ankle disability is being remanded for a VA examination to assess the current severity of his service-connected condition. Additionally, the issue of TDIU due to service-connected disabilities is also being remanded as it is inextricably intertwined with the increased rating claim.

The Veteran's claims for increased ratings for lumbar strain and right ankle sprain, as well as his claim for TDIU, are being remanded due to the need for additional examinations and retrospective opinions.

The Board has determined that the Veteran's current lumbar spine, right knee, and right ankle disabilities are at least as likely as not related to his in-service helicopter crash. As such, service connection for these conditions is granted.

The Veteran's claim for a higher disability rating for his left ankle degenerative joint disease is being remanded due to the need for additional VA examination and treatment records. The examiner will assess the current severity of the condition, including any flare-ups and functional loss.

The Board denied service connection for a left ankle disability, finding that the appellant did not have active duty and therefore is not considered a veteran. The medical evidence showed no in-service injury or aggravation of an existing condition. The claim was dismissed as there was no nexus between the current disability and military service.

The Board has denied the Veteran's claims of service connection for bilateral ankle and foot disabilities, finding that there is no evidence of current disability. The Board also noted that the issue of treatment eligibility under 38 U.S.C. § 1702 was inextricably intertwined with the claim for compensation purposes.

The Veteran's claim for an extension beyond August 31, 2015 for a temporary total rating due to right shoulder rotator cuff tendonitis disability following surgery was denied. The Veteran also met the criteria for TDIU based on his service-connected disabilities.

The Board has denied the Veteran's claims for service connection for a right knee condition, right ankle condition, and sinus condition. The claims are being remanded to obtain additional evidence and to ensure proper development of the case.,Service connection is not granted for bilateral pes planus or right ear hearing loss as there is insufficient evidence to support these claims.

The Board has remanded the Veteran's claims for additional development due to outstanding VA treatment records and vocational rehabilitation records, as well as for medical examinations in connection with his bilateral ankle disorder and hypertension.

The Board has determined that the Veteran's claims for service connection for residuals of a left ankle injury, glaucoma, left arm disability, arthritis, spinal trauma, hypothermia, and migraines are all granted. The initial ratings for heat stroke and intention tremors have also been granted.

The Veteran's service-connected chronic left ankle strain with posttraumatic arthritis and associated scars are currently rated at 20 percent, which is the maximum schedular rating under applicable diagnostic codes. The Board found no basis to grant a higher rating as his symptoms do not meet or approximate the criteria for a higher evaluation.

The Board has granted the petitions to reopen claims for service connection for degenerative changes, left knee with Baker’s cyst; chronic left ankle disability; seborrheic dermatitis (claimed as a skin condition due to undiagnosed illness); and hypothyroidism. The claim for service connection for tinnitus is denied.