Ankle decisions — 2018

The Veteran's initial claim for a higher evaluation for his service-connected right ankle disability has been remanded due to the need for additional VA examinations and records.

The Veteran's right ankle disability, characterized by ankylosis with moderate limitation of motion, does not warrant a rating higher than the current 20 percent.

The Board denied service connection for a right foot/ankle disability, including right foot drop and ankle strain, finding that the preponderance of evidence is against a finding that the Veteran's current right foot/ankle disability was incurred in service or related to an injury sustained therein.

The Veteran's left ankle disability, manifested by marked limitation of motion, is now rated at 20 percent under the appropriate VA rating criteria.

The Board has remanded the claims of service connection for bilateral ankle disability, headache disorder, back disorder, tinnitus, and bilateral foot fungus due to new evidence received since the final June 2010 rating decision.

The Veteran's clothing allowance for a back brace from 2015 and 2016 is granted due to credible evidence showing the brace causes wear and tear on his clothes.

The Board has granted the Veteran's appeals to reopen claims for service connection for hypertension, left shoulder disability, and allergic rhinitis. The right shoulder and right ankle disabilities remain denied.

The Board has remanded the case due to new evidence being added after the March 2015 Statement of the Case, which pertains to the issue on appeal. The Veteran was notified that he could request initial AOJ review or waive this right by submitting a waiver in writing. He did not respond and the appeal must be returned to the AOJ for further review.

The Veteran's appeal for an increased rating for left ankle scars is being remanded due to procedural issues.

The Board dismissed the appeals as the appellant died during the pendency of the appeal and thus has no jurisdiction to adjudicate the merits.

The Board has reopened the claim for service connection for varicose veins of the right leg due to new and material evidence. The claims for service connection for other conditions are remanded for further development.

The Veteran's claims for earlier effective dates for left ankle strain and flexor hallucis longus tenosynovitis have been denied as there is no evidence of an informal claim prior to July 19, 2010.,The Veteran's claim to reopen his previously denied back disability has been granted. A VA examination is needed to determine the nature and etiology of any currently present cervical spine and lumbar spine disabilities.

The Board has remanded several issues on appeal, including service connection for hypertension, stroke, left ankle disability, psychiatric disorder, and sleep disorder. The Veteran's hypertension may be linked to his active duty service due to documented in-service instances of potentially pertinent elevated blood pressure readings. The stroke and left ankle disability are also likely related to the hypertension. A VA examination is needed to determine if a current psychiatric disorder is etiologically linked to the Veteran's military service, including with attention to the July 2016 lay testimony of the Veteran’s sister and August 2016 private medical opinion of Dr. Henderson-Galligan. The right ankle disability needs an adequate VA examination to assess its severity.

The Board has granted service connection for medial meniscus tears of both knees and a right ankle disability, but denied service connection for a left ankle disability.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to December 22, 2010 was denied because the evidence did not show that his service-connected disabilities rendered him incapable of performing the physical and mental acts required by employment.

The Veteran's right foot peroneal tendonitis and right ankle limitation of motion have been granted a rating of 20 percent since September 24, 2009.

The Board has remanded the cases for additional development due to new evidence and possible changes in eligibility for benefits such as TDIU, SMC, and amputation ratings.

The Board has remanded the Veteran's claims of service connection for bilateral ankle disability and left knee disability due to insufficient examination findings regarding secondary service connection.

The Board has granted the Veteran's petition to reopen his claims for service connection for a left ankle disability and denied both his claim for service connection for a left ankle disability and his claim for service connection for bilateral pes planus. The Board found that new evidence was submitted sufficient to reopen the claims, but did not find any causal relationship between the current disabilities and service.

The Veteran's appeal is remanded for further examinations and rating actions on multiple service-connected disabilities, including left ankle trauma, right ankle disability, bilateral upper extremity scarring, bicep tendon rupture repair, forearm tendonitis, right foot calcaneotomy, and partial gastrocnemius resection of the left ankle. Effective dates are also being remanded for these issues.