Ankle decisions — 2018

The Veteran's residuals of a left ankle fracture are rated at 20 percent, but the Board has determined that he is entitled to an increased rating to 30 percent based on marked ankle disability.

The Veteran's appeal is remanded due to the need for additional development, including obtaining medical records and addressing his Family Medical Leave Act (FMLA) benefits. The case will be referred to the VA Under Secretary for Benefits or the Director of Compensation and Pension Service for review of whether an extraschedular rating is warranted.

The Board has remanded the case for additional development due to a need for new examinations and consideration of outstanding VA treatment records.

The Veteran's PTSD has been rated at 70 percent since April 2, 2012, due to significant occupational and social impairment.,His right ankle disability is currently rated at 20 percent since May 21, 2013, for marked limitation of motion.

The Veteran's claim for service connection for an abdominal muscle disorder was denied. The claims of increased ratings for lumbar spine DDD and left hip DJD, as well as the claim for increased rating for right lower extremity peripheral neuropathy were also denied. Service connection for tinea pedis (athlete's foot) was granted.

The Veteran's service-connected disabilities did not prevent him from obtaining or keeping employment prior to March 5, 2014. The Board found that the Veteran's substance abuse disorder was a contributing factor material to his disability determination and thus he has not been disabled within the meaning of the Social Security Act at any time from the alleged onset date through the date of this decision.

The Veteran's left ankle disability is currently rated at 20 percent, the highest schedular rating available. The Board finds that an increase to this level of disability is warranted based on marked limitation of motion.

The Board finds that the Veteran's macular degeneration and lumbosacral strain with degenerative disc disease at L4-L5 are not service-connected. The ankle conditions have been rated appropriately, but the Veteran is found to be unemployable due to his disabilities.

The Veteran's GERD with hiatal hernia has been rated at the maximum schedular rating of 30 percent, based on persistent symptoms including heartburn, regurgitation, and substernal pain.

The Veteran's claims for increased ratings and service connection were denied due to failure to report for scheduled VA examinations.,Service connection was granted for anxiety disorder, basal cell cancer of the nose, and arthritis, facet joint L5-S1.

The Veteran is seeking service connection for left and right ankle disorders, including gout. The case has been remanded due to the need for additional medical examination.

The Veteran's appeal is remanded for additional development, including obtaining medical opinions regarding his left ankle condition and male reproductive system disorders.

The Veteran withdrew his appeal in December 2017, resulting in the dismissal of this case.

The Veteran is found unable to secure and follow a substantially gainful occupation due to service-connected disabilities, specifically PTSD, sleep apnea, and ankle strain. The Board grants the TDIU.

The Board has determined that the Veteran's claimed conditions, including residuals of a right fifth finger fracture and right ankle sprain, are not related to service. The claim for service connection is denied.

The Veteran's appeal is being remanded for additional development to determine the relationship between his right ankle disorder and service-connected residuals of right leg wounds, including shortening of the right leg.

The Board denied the Veteran's claims for service connection for sinusitis, right ankle disability, and an initial rating in excess of 60 percent for asthma prior to March 21, 2017. The Veteran's right ankle disability was found not to be aggravated by service due to its preexistence. Service connection for asthma is granted but with a limitation on the effective date.

The Veteran's claims for a right ankle disability and an increased rating for his low back disability have been denied. The Board found no evidence of a separate right ankle disability, and the current manifestations of the low back disability do not warrant higher ratings.

The Veteran's appeal is being remanded for additional examinations and development due to allegations of worsening since the last VA examination in January 2014.

The Veteran's initial claim for a higher rating for residuals of a fracture of the left ankle was granted, with a 10 percent disability rating effective November 30, 2009. The appeal regarding service connection for a back disability is pending.