Ankle decisions — 2018

The Board has remanded the Veteran's claims due to insufficient evidence and need for further examination. The right ankle condition claim requires a VA examination to determine if it is related to service, including an imaging study of the right ankle. The headaches claim requires clarification on whether they are organic diseases of the nervous system and if they were caused or aggravated by service exposure to asbestos or medication.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, and therefore, the claims are denied.

The Board found that the Veteran does not have a current left ankle disability, right ankle disability, or lower back disability related to service.,Therefore, the claims for service connection for these conditions were denied.

The Veteran's PTSD is currently rated at 70 percent, reflecting occupational and social impairment with deficiencies in most areas.,The Veteran's right knee condition is currently rated at 10 percent, limited to flexion of 120 degrees with pain onset at 80 degrees. There is no limitation on extension.,Prior to June 24, 2014, the Veteran's left ankle condition was rated at 10 percent for moderate limitation of motion. Since then, it has been rated at 20 percent due to marked limitation of motion.

The Board has determined that service connection is warranted for the Veteran's acquired psychiatric disorder, bilateral knee disorder, and right ankle disorder.,Service connection was granted for an acquired psychiatric disorder (including PTSD and depression) as it is at least as likely as not related to active duty service. The bilateral knee disorder is also found to be related to active duty service. However, the right ankle disorder is not shown to be related to active duty service.

The Veteran is granted two (2) clothing allowances for the 2015 benefit year due to his service-connected left knee and right ankle disabilities, which cause wear and tear on his pants and socks respectively.

The Veteran's service-connected left knee and ankle disabilities are being reviewed to determine if they necessitate the need for regular aid and attendance or housebound status, which would entitle him to special monthly compensation.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA and private treatment records and a VA examination to assess the severity of his right ankle disability.

The Veteran's thoracic spine disability is rated at 40 percent, which does not meet the criteria for a higher evaluation.,Prior to April 7, 2017, the Veteran's fecal incontinence was rated at 30 percent. From April 7, 2017, it has been rated at 60 percent.,The Veteran's recurrent right ankle sprain is currently rated at 10 percent and his right knee medial collateral ligament strain is rated at 10 percent.,None of the conditions meet the criteria for a higher evaluation.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling a VA examination to assess the severity of the left ankle disability. The claim for TDIU based on all service-connected disabilities remains pending.

The Board has remanded the case due to insufficient opinions regarding the etiology and aggravation of the Veteran's right ankle disability, which is currently considered a direct service connection issue.

The Veteran's service-connected disabilities, including depressive disorder, bilateral prepatellar bursitis, allergic rhinitis, left ankle lateral malleolus area tendonitis, and sinusitis, have rendered her unable to secure or follow a substantially gainful occupation. The Board has granted entitlement to TDIU.

The Veteran's claims for service connection have been granted, with the exception of his right ankle and left ankle disabilities. The Board found that the Veteran has credible reports of continuous headaches since service, which are related to an in-service injury while playing softball. Service connection is also established for migraines (headaches), low back disability, cervical spine disability, and paresthesia of the right upper extremity.

The Board denied the Veteran's claims for service connection for a right ankle condition, right heel condition, low back condition, and right leg condition. The decision also noted that the Veteran withdrew his appeal regarding the right ankle condition prior to the promulgation of a decision.

The Board has determined that additional development is needed before the Veteran's remaining claims can be decided. Specifically, the Veteran should be afforded VA examinations to determine the nature and etiology of any currently present left knee disability, right and left ankle disabilities, right and left upper extremity neuropathy, cervical spine disability, and right knee arthritis.

The Veteran's claims are being remanded due to the need for a new VA examination and consideration of her lay statements regarding her symptoms.

The Board has determined that the Veteran's current right knee and bilateral ankle disabilities are not related to his military service, and thus denied these claims.

The Board has determined that the Veteran's right ankle disability is proximately due to his service-connected left knee disability, and thus grants service connection for this condition.

The Board denied service connection for the Veteran's left knee, right knee, and low back disorders as secondary to his service-connected left ankle disorder. The right ankle disorder was not addressed in this decision.

The Board has determined that the Veteran's left knee tendonitis and a left ankle disability are related to her active service, thus granting service connection for these conditions.