Ankle decisions — 2018

The Board denied the Veteran's claims for service connection for a right ankle disability and an initial rating greater than 10 percent for his left ankle disability. The denial was based on lack of evidence showing current disabilities related to active service or any incident of service.,For the period prior to June 9, 2014, the Board denied the Veteran's claim for a higher initial rating for his left ankle disability as there is no evidence of moderate limitation of motion. The Board also found that he did not experience marked limitation of motion after this date.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's right ankle disability, specifically whether it was incurred or aggravated during INACDUTRA.

The Board has reopened the claim of service connection for a right ankle disability and granted it, finding that the Veteran's current right ankle disability is related to his in-service injury in November 2008.

The Board has denied the Veteran's claims for service connection for a left ankle disability, including RSD, and for a left foot disability. The evidence does not support a finding that these conditions are related to service.

The Veteran's claim for service connection for residuals of breast cancer, status post right mastectomy has been reopened due to the submission of new and material evidence. Service connection is granted for this condition. Other claims are remanded.

The Board has decided to remand the case due to incomplete development of records and insufficient opinions regarding the etiology of the Veteran's left leg edema. The Veteran is seeking service connection for her current condition.

The Board has remanded several claims due to the need for additional evidence and examinations. The Veteran's service-connected conditions include migraine headaches, a left forehead laceration, tinea pedis of the bilateral feet, gout, sleep apnea, multiple painful joints, allergies, bilateral knee swelling with pain, bilateral hearing loss, residuals of a bilateral ankle injury, an upper and lower back disorder, and tinnitus. The claims are remanded for further development including obtaining SSA records, VA treatment records, and examinations.

The Veteran's left ankle disability is currently rated as 10 percent disabling. The Board has decided to remand the case for a new VA examination to assess the current severity of his service-connected left ankle disability.

The Veteran's right ankle disability was last examined in February 2015, and a new VA examination is required to determine the current severity of her service-connected right ankle disability.

The Board has remanded the Veteran's claims for service connection due to incomplete medical records and the need for further examination.

The appeal for service connection of a neurological condition now noted with headaches is granted. Service connection for the right ankle, acquired psychiatric condition other than adjustment disorder with mixed anxiety and depressed mood, cervical spine condition, left elbow fracture, left hand condition, and left eye condition are all remanded.

The Board has remanded the cases due to inadequate medical opinions and requests for updated VA treatment records.

The Board has remanded the Veteran's claims for service connection and evaluation of his left shoulder strain, left ankle strain, and dermatitis of the chest and upper back due to incomplete examinations and outstanding SSA records.

The Veteran's right ankle disability, including a fracture and arthritis, is rated at 30 percent. The Board found that the evidence did not support a higher rating as there was no ankylosis or nonunion of the tibia and fibula.

The Board has remanded the right ankle and TDIU claims for additional development. The Veteran's request to pursue appeal of the lumbar spine and bilateral lower extremity radiculopathy claims is not considered as those issues are not before the Board.

The Veteran's left ankle lateral collateral ligament sprain is granted service connection as secondary to his service-connected multiple sclerosis. The reduction of the rating for lumbar spine degenerative disc disease from 20% to 10% was improper, and the 20% rating is restored. The Veteran's claim for a higher rating for lumbar spine degenerative disc disease is denied.

The Board dismissed all appeals due to the Veteran's authorized representative withdrawing the appeal for all issues.

The Veteran's claims for increased ratings for his left and right ankle disabilities, as well as his sural nerve neuropathy of the lower extremities, are denied due to the amputation rule.,From September 20, 2010, but no earlier, the Veteran is granted a TDIU based on service-connected disabilities.

The Veteran's right shoulder impingement syndrome is granted as service connection was reopened.,Service connection for lumbar spine disability with bilateral lower extremity radiculopathy, acquired psychiatric disorder (including depression and insomnia), bilateral flat feet, left hip disability, right hip condition, left wrist disability, right wrist disability, left knee disability, right knee disability, left ankle disability, right ankle disability, heart condition, and erectile dysfunction is granted.,Service connection for bilateral hearing loss disability and tinnitus are denied.

The Board has reopened the claims for service connection for a right wrist disability and remanded the remaining issues. The claim for bilateral hearing loss remains denied as new evidence does not relate to an unestablished fact necessary to substantiate the claim.