Ankle decisions — 2019

The Veteran's right ankle disability is currently rated 10 percent, and the Board has determined that a higher rating is warranted. However, the VA examination conducted in December 2014 was inadequate for rating purposes due to missing information on joint testing for pain and additional functional loss during flare-ups.

The Veteran's appeals for increased ratings and service connection have been dismissed due to his withdrawal of all issues on appeal prior to the promulgation of a decision.

The Veteran's right ankle surgical scars are not rated higher than a non-compensable rating. The Board finds that the preponderance of evidence is against the assignment of a compensable rating for the Veteran’s right ankle surgical scars under Diagnostic Code 7805 as there are no other disabling effects not considered in a rating provided under Diagnostic Codes 7800-04. The Veteran's right ankle post-operative internal fixation fracture right medial malleolus and distal one-third of right fibula with retained fixation metal and traumatic arthritis is remanded for further examination to determine the severity of his disability.

The Veteran's claim for service connection for a headache disability is denied as there is no current diagnosis of chronic headaches and the Veteran does not have functional impairment that would qualify as a disability.,The Veteran's claim for service connection for a right ankle disability is denied because his current degenerative joint disease was not caused by or related to his active service. The in-service strain resolved without further treatment, and there is no evidence of chronicity post-service.,The Veteran's claim for service connection for a left foot disability is remanded as the Board did not obtain an examination due to a pre-decisional duty to assist error.,The Veteran's claim for service connection for a right foot disability is remanded for similar reasons as the left foot disability.

The Board has remanded the claims for service connection for several disabilities, including a bilateral elbow disability, bilateral ankle disability, sleep apnea, reflux, and memory loss, all claimed as due to Gulf War Syndrome. Additional evidence is needed to confirm the Veteran's service in the Persian Gulf War, and an examination is required to determine if the memory loss is related to his military service.

The Board denied the claim of service connection for posttraumatic arthritis, left ankle, with contracture, tibiotalar joint, left (also claimed as left ankle swelling) because no new and relevant evidence was received after the March 2007 denial.

The Veteran's initial rating for left ankle fracture with chronic sprain is granted at 20 percent, but no higher. The right ankle disability remains rated at 20 percent, effective from November 6, 2012. Both issues are remanded due to the need for further evaluation.

The Veteran's tinnitus disability is rated at the highest possible level (10%) and no additional compensable manifestations are found.,The Veteran’s right hip bursitis disabilities are remanded for further examination to assess current severity with attention to recent treatment records and lay statements regarding functional loss due to pain, fatigue, weakness, lack of endurance, incoordination, and flare-ups.,The Veteran’s limited flexion, extension, abduction, adduction, and rotation due to right hip bursitis are remanded for further examination to assess current severity with attention to recent treatment records and lay statements regarding functional loss due to pain, fatigue, weakness, lack of endurance, incoordination, and flare-ups.,The Veteran’s limited abduction, adduction, and rotation due to right hip bursitis is remanded for further examination to assess current severity with attention to recent treatment records and lay statements regarding functional loss due to pain, fatigue, weakness, lack of endurance, incoordination, and flare-ups.,The Veteran's right ankle disability is remanded for further examination to assess current severity with attention to recent treatment records and lay statements regarding functional loss due to pain, fatigue, weakness, lack of endurance, incoordination, and flare-ups.

The Veteran's claim for tinnitus is granted. The claims for right and left ankle disabilities are denied, as there is no evidence of current disability related to service. The claim for dental condition is denied due to lack of trauma.

The Board has decided to remand the Veteran's claims of service connection for bilateral hearing loss, disability ratings for low back disability, left lower extremity radiculopathy, right lower extremity radiculopathy, and right ankle fracture. The reasons are that no VA examiner has adequately opined whether the Veteran’s hearing loss is related to exposure to excessive jet engine noise during active duty service, and a new examination must be obtained to determine this relationship. Additionally, examinations are needed to assess the current severity of each disability.

The Veteran's appeal is remanded due to the need for a new VA examination regarding whether his service-connected disabilities, particularly PTSD, result in permanent total impairment. Additional medical records are also needed.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a higher rating for his left shoulder, right and left knee strains, or right ankle strain. However, separate 10 percent ratings are granted for instability of both knees.

The Board has remanded the Veteran's claims of service connection for various disabilities, including right knee, left ankle, and right ankle disabilities; bilateral hearing loss and tinnitus; PTSD; and an eye disability. The claims are being returned to VA for further development.

The Board has granted a higher 20 percent rating for the Veteran's chronic left ankle strain, effective July 3, 2008.

The Veteran's right ankle condition, including OA and residuals of a fracture and tendonitis, is now rated at 30 percent. The claim for TDIU remains denied as the evidence does not support his inability to secure or follow a substantially gainful occupation.

The Veteran's appeals for increased evaluations and service connection have been dismissed due to the Veteran withdrawing his appeal of these issues prior to a decision being made.

The Veteran's claims for service connection for right eye disability, right ankle disability, weight loss, and sleep apnea have all been denied. The evidence does not establish the presence of a current disability in any of these conditions.,Specifically, there is no medical evidence showing that the Veteran currently has a right eye disability or right ankle disability.

The Veteran's service-connected disabilities are of such severity that they prevent him from securing or maintaining substantially gainful employment, and the Board has determined that his TDIU application is granted as of December 16, 2016.

The Board has denied service connection for a right shoulder disorder, finding that the preponderance of evidence is against a link to active service.,Service connection was also denied for a right ankle disorder. The Board found no in-service injury or disease related to the current condition.

The Board has determined that additional medical examinations are needed to assess the current severity of the Veteran's service-connected conditions, including adjustment disorder with mixed anxiety and depressed mood, degenerative disc disease lumbar spine, left lower extremity radiculopathy, right lower extremity radiculopathy, and left ankle lateral collateral ligament sprain with osteoarthritis. The Board has also determined that a remand is necessary for the issue of entitlement to a total disability rating based on individual unemployability prior to May 9, 2016.