Ankle Board decisions

The Veteran's right ankle fracture and resulting arthritis are not service-connected, as the evidence does not show that VA care caused or aggravated this condition. The Veteran also did not participate in a VA compensated work therapy program at the time of his fall.

The Board denied the Veteran's claims for service connection for various conditions, including residuals of a spider bite of the right hand, left hip condition, left ankle condition, and right ankle condition. The acquired psychiatric disorder was granted as secondary to service-connected disabilities.

The Board denied the Veteran's claims for earlier effective dates for service connection due to lack of clear evidence to rebut the presumption of regularity that applies to VA's date-stamping of incoming mail, and thus, the earliest possible effective date is June 1, 2011.

The Board has decided to remand the case due to the need for a VA examination and additional development of the record. The Veteran's claim for an increased evaluation for his service-connected left ankle sprain is being returned to the RO for further action.

The Veteran's initial rating for left ankle DJD is granted at 20% throughout the appeal period. The Veteran's bilateral hearing loss remains noncompensable. The Board has remanded issues regarding service connection for right ankle disorder and a separate rating for associated non-LOM symptomatology.

The Board has determined that the Veteran's left ankle disability, including achilles tendinitis, was incurred during his active duty service in April 2010. As a result, service connection for this condition is granted.

The Veteran withdrew his appeals for left knee, right ankle, and bilateral hearing loss disabilities as secondary to service-connected conditions. As a result, the issues are dismissed.

The Veteran's appeal to reopen his claim of service connection for a left knee disability is granted. The appeal to reopen his claim of service connection for a left foot disability is denied. His claims for service connection for a left ankle disability and prostate cancer are remanded.

The Veteran's claim for a rating in excess of 40 percent for herniated nucleus pulposus has been denied. The Board found that the evidence did not show ankylosis or unfavorable ankylosis, and thus no higher rating is warranted.,Service connection for liver disorder was denied as there was no indication of any in-service event, injury, or disease related to this condition.

The Veteran's increased ratings requests for his ankle, knee, and shoulder disabilities have been remanded due to insufficient evidence. The current 20 percent ratings for right ankle and left knee disabilities are upheld, while the rating for right knee disability is maintained at 30 percent. Right shoulder dislocations remain rated as 20 percent disabling.

The Board denied service connection for chronic fatigue syndrome, fibromyalgia, bilateral knee pain, and bilateral ankle pain. The claims of service connection for fibromyalgia, bilateral knee pain, and bilateral ankle pain are remanded.

The Veteran's claim for service connection for migraine headaches is granted. The Board finds that the Veteran has a current disability and credible evidence of continuity of symptomatology since service, thus establishing service connection.

The Board denied the Veteran's claims for service connection for a right ankle disability and bilateral foot disabilities, including plantar fasciitis and residual of stress fractures. The evidence did not support a causal relationship between these conditions and the Veteran's active duty service.

The Board has remanded the issues of service connection for bilateral ankle and foot disabilities due to inconsistencies in the VA examiner's report, changes in diagnoses since the last examination, and need for further evaluation.

The Veteran withdrew his appeal before the Board could make a decision. As a result, the appeal is dismissed.

The Board has reopened the Veteran's claim for service connection for hypertension due to new and material evidence. The claims for sleep disorder, diabetes mellitus, residuals of left fibula fracture, neuritis of the left foot, and left ankle scars are remanded for further development.

The Board has restored a 10 percent disability evaluation for the Veteran's service-connected right ankle disability from May 22, 2014 to February 24, 2015.

The Board has dismissed the appeals of service connection for allergic rhinitis, shingles, and tension headaches. The claims for left foot arthritis, chest pain (costochondritis), cervical spine disability, thoracolumbar spine disability, left knee disability, left ankle disability, and left heel spur are remanded.

The Board has remanded the claims of bilateral hearing loss, tinnitus, left ankle disability, and right ankle disability due to outstanding SSA records. The Veteran's service connection claims for these conditions are pending.

The Board has determined that the Veteran's right ankle disability was granted effective May 23, 2013, which is the day following his separation from active service. The claim for an earlier effective date prior to this date is denied as a matter of law due to lack of legal basis.