Ankle decisions — 2018

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.

The Veteran's cervical spine disability is not rated higher than 20 percent. The ratings for his bilateral ankle sprains with osteoarthritis have been withdrawn by the Veteran.

The Veteran's cervical spine disability, right ankle disability, rheumatoid arthritis, swelling under the arms and of the neck, and hypertension are not shown to be related to service.,Therefore, the claims for these conditions have been denied.

The Veteran's claim for an increased rating for his right ankle condition has been granted, and the effective date of service connection is set at November 6, 2009.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and development of his medical records.

The Veteran's left knee replacement received a one-year evaluation of 100 percent following the revision surgery on October 20, 2005. The remaining issues are remanded for further examination and consideration.

The Veteran's service-connected disabilities render him unable to engage and retain substantially gainful employment, warranting a TDIU.

The Veteran's service-connected osteoarthritis left foot injury and degenerative arthritis of the left ankle are rated at their maximum under VA rating criteria, with no additional issues regarding service connection or TDIU.

The Veteran's right ankle disability is currently rated at 10 percent prior to January 30, 2013 and at 20 percent thereafter. The Board finds that the evidence does not support a finding of marked limitation of motion in the right ankle prior to January 30, 2013, but does show marked limitation of motion as of that date. Therefore, the Veteran's claim for an increase in his disability ratings for his right ankle disability is denied.

The Board is unable to determine whether new and material evidence has been received at the present time due to outstanding VA treatment records not associated with the claims file. The basis of the RO's June 2008 denial of entitlement to service connection for hepatitis, in part, was that the Veteran did not have a current diagnosis of hepatitis.

The Board has determined that additional development is necessary and the case is being remanded to obtain VA treatment records, schedule a new examination, and ensure compliance with all directives.

The Board has decided to remand the case for additional development, including obtaining missing service treatment records and a VA examination.

The Board has reopened the claims for service connection for back disability, heart condition (hypertension), diabetes type II, and Parkinsonism. The Veteran's private physician provided opinions linking these conditions to his military service. However, dyslipidemia is not a qualifying disability for VA compensation purposes.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted with respect to his right ankle pain. The bone cyst is also not related to military service as there was no prior medical evidence of its existence before 2008.

The Veteran's tinnitus, hypertension, acquired psychiatric disorder, and sleep disorder are all found to be related to service. The lumbar degenerative joint disease, myofascial cervical syndrome, bilateral hearing loss, left ankle sprain with osteoarthritis and ligamentous instability, and right ankle sprain with osteoarthritis and ligamentous instability have been granted initial compensable ratings.

The Board denied the Veteran's claims for increased evaluations for his right knee disability and right femur disability with leg shortening. The Veteran seeks higher ratings, but the evidence does not support a finding that he meets or nearly approximates the criteria for any of the higher schedular ratings.

The Board has determined that the Veteran does not have a service-connected psychiatric disorder, heart murmur, right knee disability, left knee disability, low back disability, right ankle disability, or left ankle disability. The preponderance of evidence is against finding any relationship between these conditions and service.

The Veteran's claim for increased evaluation of his service-connected left ankle sprain is being remanded due to the need for a new VA examination and an addendum opinion.

The Veteran's claim for service connection for a bilateral ankle disability and bilateral patellofemoral pain syndrome secondary to his service-connected bilateral plantar fasciitis was denied. The Veteran's PTSD with Major Depressive Disorder is rated at 50% from November 27, 2008 to December 30, 2016.

The Veteran's service-connected thoracic spine disorder, bilateral shoulder disorders, bilateral hip disorders, bilateral ankle disorders, and bilateral knee disorders have been granted a 100% evaluation effective August 27, 2015.,The Veteran's service-connected left and right shoulder osteopenia, left and right hip osteopenia with synovitis, right knee osteopenia/strain based on instability, and left knee osteopenia/strain based on instability have been granted a 20% evaluation effective September 10, 2014.