Ankle decisions — 2018

The Veteran is found unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, and the Board grants an extraschedular TDIU.

The Veteran's left ankle disability is rated at 20 percent, and the scar is rated as non-compensable. The Board finds that a higher rating of 20 percent for the left ankle disability is granted.

The Board denied the Veteran's claims for service connection for various conditions, including DJD of the cervical spine, papillary squamous cell carcinoma, a thyroid disability, an acquired psychiatric disorder (PTSD), and a right ankle disability. The decision found that these conditions were not related to his active service or due to herbicide exposure.

The Board has granted service connection for Obstructive Sleep Apnea and finds that the Veteran's current symptoms are related to his in-service diagnosis. The issues of increased rating for Left Ankle Disability and cause and aggravation of Right Knee Disability by Left Ankle Disability have been remanded.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with a VA examination to clarify the nature and etiology of his claimed ankle and knee disabilities.

The Board has remanded the case due to missing pages in the Veteran's appeal and incomplete SSA records. The issues of service connection for various disorders remain under review.

The Board has restored the initial 10 percent disability ratings for right ankle synovitis, left ankle synovitis, and right elbow lateral epicondylitis that were previously reduced to noncompensable effective April 1, 2013.

The Veteran's left ankle disability is rated at 20 percent, the maximum schedular rating under Diagnostic Code 5273 for a marked deformity. The Veteran's acquired psychiatric disorder has been diagnosed as various conditions including PTSD and anxiety disorder.

The Veteran's appeal is being remanded for additional examinations and to obtain updated VA treatment records.

The Board has determined that the Veteran's left ankle strain is service-connected, as it likely resulted from injuries sustained during his active duty in Iraq. However, there is insufficient evidence to establish a link between his current bilateral hearing loss and his military service.

The Veteran's claims for service connection are being remanded due to the need for additional development, including VA examinations.

The Board has determined that the Veteran's right ankle disability, bilateral foot disability, and sleep apnea are related to his military service.

The Veteran's appeal for higher ratings for PTSD, left thigh scar, varicose veins, right hand disability, and ankle disabilities has been denied. The Board found that the evidence did not more nearly reflect total occupational and social impairment due to psychiatric symptoms.,Service connection for bilateral ankle arthritis was also denied.

The Veteran's claim for service connection for a right elbow disability was denied. For his left ankle and right ankle disabilities, the Board found that prior to August 29, 2015, he had moderate limitation of motion; from August 29, 2015, he had marked limitation of motion. The Veteran's TDIU claim was granted.

The Veteran's service-connected disabilities, including PTSD, right tibia and fibula fracture residuals with arthritis of the right ankle, and spondylosis of the lumbar spine, have rendered him unemployable for work consistent with his education and experience.

The Veteran's left ankle disability, which included a fracture and degenerative joint disease, was rated at 10 percent prior to June 28, 2016. The VA determined that the condition warranted an increased rating to 20 percent as of that date.

The Veteran's claims for increased ratings and service connection have been granted. He is now entitled to a compensable rating for left ear hearing loss, service connection for his back condition, and service connection for his right ankle condition.

The Board has granted service connection for the residuals of a right Achilles tendon injury and reopened the claim for service connection for a left wrist disability. The Veteran's right ankle disability is considered to be related to his inservice injury, while the left wrist disability may also be linked to an in-service injury.

The Veteran withdrew his appeal of the issues of entitlement to a compensable initial rating for calcific tendinitis of the left shoulder and entitlement to service connection for bilateral hearing loss prior to the Board's decision.

The Veteran's service-connected bilateral hearing loss, tinnitus, right ankle instability, left ankle instability, and bilateral pes planus with bilateral calcaneal spurs contributed substantially or materially to his cause of death. The Board finds that these conditions alone are sufficient for DIC benefits under 38 U.S.C. § 1310.