Ankle decisions — 2018

The Board has determined that the Veteran's left ankle disability is fully contemplated by the rating criteria and there is no basis for referral for extraschedular consideration.

The Board has determined that the Veteran's claims file was lost and is currently being reconstructed. The case is REMANDED to comply with the January 2010 Board Remand directives.

The Board has granted service connection for bilateral hearing loss and bilateral tinnitus, finding that the Veteran's current conditions are related to in-service noise exposure. The left ankle/foot condition claim is remanded due to insufficient evidence.

The Board has determined that the Veteran's left knee arthritis, post laminectomy syndrome, and residuals of a left ankle disability are all service-connected.

The Board has determined that additional development is needed before a decision can be rendered regarding the service connection and increased rating claims.

The Veteran's service connection claims for various disabilities, including headaches and sinus problems, are granted.

The Board has granted service connection for the Veteran's right ankle disorder, left knee disorder, and back disorder on a new and material basis. Service connection for bilateral hearing loss and hypersensitivity to fire ant bites was not granted.

The Veteran's claims for service connection for various conditions, including cervical spine disability, bilateral shoulder disability, right ankle disability, restless leg syndrome, diabetes mellitus, Type II, and narcolepsy were denied as there is no evidence of current diagnoses or a link to military service.

The Veteran's right and left ankle disabilities have been rated at 10 percent since April 28, 2001. Effective March 2, 2017, the Veteran is entitled to a 20 percent rating for each ankle disability due to marked limitation of motion. The Veteran's acquired psychiatric disorder has not been linked to service or any incident thereof and thus does not meet criteria for service connection. The Veteran's TDIU claim has also been denied.

The Veteran's dysaesthesia on dorsum, right foot, has been rated at 30 percent since September 24, 2004. The RO granted a higher rating of 30 percent effective from the date of his claim (January 21, 2004).

The Board has found that new VA examinations are needed to assess the current severity of the Veteran's service-connected right ankle condition and left ear hearing loss. The appeal is REMANDED for these purposes.

The Veteran's service-connected disabilities, including chronic muscular strain low back, depressive disorder, degenerative disease of the right ankle, Osgood-Schlatter's disease of the left knee, tinnitus, arthritis of the right knee, and right ear hearing loss, preclude him from obtaining or maintaining substantially gainful employment.

The Veteran's appeals for higher ratings have been withdrawn.

The Board denied service connection for chronic headaches and TDIU, finding that the Veteran's service-connected disabilities did not preclude him from securing or following a substantially gainful occupation.

The Board has remanded the appeal due to incomplete information regarding the Veteran's hearing loss evaluations and for issuance of a Statement of the Case on the issues of service connection for hepatitis B, left ankle disability, right ankle disability, pseudo folliculitis barbae, and vertigo.

The Board denied the Veteran's claims for service connection for pulmonary embolism, an evaluation in excess of 40 percent for his right foot disability, and TDIU. The decision also found that new and material evidence had not been submitted to reopen a claim for compensation under 38 U.S.C. § 1151 for right ankle and back conditions.

The Veteran's right lower extremity radiculopathy was granted a 20 percent rating prior to November 4, 2015 and increased to 40 percent thereafter. The Board also found that the Veteran is entitled to a TDIU based on his service-connected disabilities.

The Veteran's claims for service connection for a bilateral ankle disability, left hip disorder, and bilateral foot disorder have been denied as there is no current diagnosis of these conditions.,Service connection for depression has also been denied.

The Veteran's right ankle disability is rated at 20 percent, the maximum under DC 5271 for marked limitation of motion. The claimant has not been granted a higher rating due to instability or pain.

The Veteran's right ankle disability does not warrant an extraschedular rating under the applicable criteria, as his symptoms and impairment are specifically contemplated by the existing schedular evaluations.