Ankle decisions — 2018

The Veteran's appeal is being remanded for a VA examination to determine the nature and etiology of his bilateral ankle condition, left knee condition, and back condition.

The Board found that the appellant's postoperative bone spur removal, right ankle does not warrant a rating in excess of 10 percent and denied his claim for an initial compensable rating for scar, right medial malleolus. The evidence did not support higher ratings under any applicable diagnostic codes.

The Veteran's appeal is being REMANDED to obtain and associate VA treatment records, request private treatment records, and schedule a VA examination. The claim will be reconsidered on a de novo basis.

The Board has determined that new and material evidence has been received to reopen the Veteran's service connection claims for a back disability, an acquired psychiatric disorder, and the residuals of a stroke. The Veteran's current disabilities are found to be related to in-service injuries.

The Veteran's claimed conditions are not service-connected as they were first diagnosed after discharge from service and there is no evidence of in-service incurrence or aggravation. The Board finds that the Veteran did not have diabetes mellitus during service, nor was he exposed to Agent Orange while serving aboard a ship.

The Board finds that the Veteran does not currently suffer from a diagnosed left ankle disorder or residuals of a left leg fracture, and therefore service connection for these conditions is denied.

The Board has determined that the Veteran's current right ankle disability, diagnosed as arthritis status post fracture with surgical repair, is aggravated by his service-connected hallux valgus and pes planus. The Board also found that there is no evidence of a chronic right eye disability in service, and thus denied service connection for a right eye disability.

The Board has remanded the case to the AOJ for additional development and adjudication due to incomplete medical opinions, need for clarification of service dates, and need for additional information regarding motor vehicle accidents.

The Board has determined that a remand is necessary to obtain an adequate VA medical opinion regarding the etiology of the Veteran's bilateral ankle disorder. The current VA examiner did not consider or discuss the Veteran's competent statements concerning continuity of symptoms since service, as well as the December 2012 and February 2013 buddy statements indicating complaints of bilateral ankle pain within months of active duty service.

The Board has denied the Veteran's claims for service connection for a right ankle disorder and a rating in excess of 10 percent for chondromalacia of the right patella. The left knee disorder claim is pending.

The Veteran's appeal is remanded for additional development, including a new VA examination to assess the severity of his service-connected left ankle disability and determine if there are any functional limitations due to pain or flare-ups.

The Board denied the Veteran's claim of service connection for a right ankle disability, finding that it was not incurred in or aggravated by active service and is not proximately due to or aggravated by her service-connected left ankle disability. The substantive appeal regarding sarcoidosis was also found to be untimely.

The Veteran's spondylolisthesis L5 vertebra and right ankle injury status post internal fixation were granted a 20 percent rating each, effective from the date of the decision.

The Veteran's appeals for a higher rating for chronic right ankle strain and service connection for stomach cancer have been dismissed due to the death of the appellant.

The Veteran's appeal was dismissed due to his withdrawal of the right ear hearing loss issue. The remaining claims were denied as there is no legal basis for a higher rating.

The Veteran's appeal for an earlier effective date for his left ankle disability and service connection for onychomycosis has been granted. The Board found that the Veteran had a current diagnosis of these conditions, credible reports of in-service exposure to contaminated water and herbicide agents, and competent medical opinions linking these conditions to service.

The Board has granted a noncompensable rating for the Veteran's left ankle disability prior to October 14, 2015 and a 10 percent rating thereafter. The appeal is resolved in favor of the Veteran.

The Veteran's initial claim for an ankle disability was granted with a noncompensable rating prior to April 23, 2014. From that date until May 25, 2017, he received a 10 percent rating. After May 25, 2017, his rating was increased to 10 percent.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining his service treatment records and providing an examination to determine if his current disabilities are related to contaminated water at El Toro Marine Corps Air Station or anthrax vaccinations.

The Veteran's right ankle disability is service-connected and granted.,Since April 12, 2016, the Veteran has been assigned a 40% rating for his lumbar strain due to moderate radiculopathy in the left lower extremity.