Ankle Board decisions

The Veteran's left ankle disability was rated at 20 percent effective June 6, 2016.

The Board has determined that the Veteran's osteoarthritis of cervical spine, lumbar spine, right knee, left knee, and left ankle did not have its onset during service or is otherwise causally related to his active service.

The Veteran's service-connected right ankle disability is rated at 20 percent since May 14, 2009. The rating was granted based on the current level of disability and not due to a presumption or reopening of a previously denied claim.

The Veteran's claims for increased ratings and service connection were denied. The right ankle disability was found to be moderate prior to March 24, 2017, but marked thereafter. The left ankle disability did not meet the criteria for a compensable rating. There is no evidence of gastrointestinal disorder.

The Veteran's claim for TDIU is being remanded due to the need for additional VA treatment records and a review of his employment history.

The Veteran's appeal is being remanded due to the need for a new examination of her right ankle disability and issuance of a Statement of the Case on her left ankle disability.

The Board has determined that further development is needed to obtain the Veteran's Army Reserve records and to provide addendum medical etiology opinions regarding his claimed disabilities.

The Veteran's traumatic arthritis of the left ankle is currently rated at 20 percent disabling prior to November 5, 2007 and remains at that rating on or after November 5, 2007.

The Veteran's left ankle sprain and right knee patellar tendonitis are currently rated at 10 percent, but the Board finds that neither condition warrants a higher rating based on current evidence.

The Veteran is granted specially adapted housing due to multiple service-connected disabilities, including the loss or use of the left lower extremity and residuals of organic disease/injury affecting balance and propulsion. The issue of a special home adaptation grant is dismissed as moot.

The Board has determined that additional development is required due to the Veteran's periods of active duty, ACDUTRA, and INACDUTRA. The case is REMANDED for further action.

The Veteran's diabetes mellitus is currently rated at 20 percent, and the Board finds no basis to grant a higher rating. The Veteran's peripheral neuropathy of the lower extremities are each rated at 10 percent, and there is no basis for an increased rating. The Veteran has gout in his left ankle and foot, which warrants a compensable rating, but not separate ratings for the wrist and hand or great toe. The Veteran also has arthritis of the left great toe, which warrants a compensable rating.

The Veteran's appeal for a higher rating for her left ankle disability and TDIU was denied. Her current 20% rating for the left ankle disability is considered adequate, and she does not meet the criteria for TDIU based on her service-connected disabilities.

The Veteran's tinnitus and dermatitis of the face, groin, stomach, and mid-section are found to be related to service. The right ankle disability is not currently diagnosed or linked to service.

The Veteran's migraine headaches are currently rated at 30 percent, but the Board has determined that they meet the criteria for a maximum 50 percent rating since June 1, 2010. The right ankle disability is not addressed in this decision.

The Veteran's appeals for service connection have been dismissed due to withdrawal of the claims. The claim of service connection for a cardiovascular disorder, neurological disorder, and right ankle disability has been denied. The claim seeking an effective date earlier than November 30, 2010, for the grant of service connection for a right ankle disability has also been denied. The Veteran's claim of service connection for fatigue (manifested by chronic fatigue syndrome) was not reopened due to lack of new and material evidence. Service connection for bilateral hearing loss is granted. Service connection for skin disorder and multi-joint pain (fibromyalgia) are denied. Service connection for a sleep disorder (manifested by sleep apnea) is also denied. The Veteran's headaches, right elbow disability, intermittent diarrhea, and right ankle disability have all been assigned the lowest possible rating of 10 percent.

The Veteran's right ankle disability is currently rated at 10 percent, but the Board has determined that a higher rating of 20 percent is warranted based on marked limitation of motion.

The Board found the evidence against a finding that the Veteran's current left ankle disability is causally related to his military service, and thus denied his claim for service connection.

The Board dismissed the motion for revision of a November 19, 2015 decision based on clear and unmistakable error (CUE) because there was no final denial of benefits to review.

The Board has remanded the case for further development due to VA's failure to obtain certain medical records. The Veteran and his attorney provided authorization forms, but some providers did not respond or provide incorrect information.