Ankle Board decisions

The Veteran's appeal is being remanded due to the need for a Board hearing on all issues, including service connection for sleep apnea.

The Veteran's bilateral ankle strain disability is considered service-connected. The Veteran's psychiatric disability, characterized as PTSD with anxiety disorder and major depression, meets the criteria for a 30 percent rating but not higher.

The Board has determined that the Veteran's claims for increased evaluations of his service-connected ankle and knee disabilities are denied as there is no evidence of ankylosis in either ankle, which would warrant a higher rating.

The Veteran's appeal has been withdrawn by the appellant through his authorized representative. As a result, the Board does not have jurisdiction to review the claims and they are dismissed.

The Board found that the Veteran's current right ankle disability did not manifest during his active military service or within one year of separation and is not otherwise shown to be etiologically related to his active service.

The Board has determined that the Veteran does not have a current diagnosis of a bilateral ankle disability and therefore, service connection cannot be granted.

The evidence does not show that the Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment. Therefore, TDIU is denied.

The Veteran's claims for increased ratings for his degenerative arthritis of the left ankle, lumbosacral spine, and left foot drop have been denied. The claim for a compensable evaluation for the left fifth hammertoe remains pending.

The Veteran's rheumatoid arthritis of the hands, knees, ankles, and feet was granted service connection based on its relationship to his service-connected rheumatic valvular heart disease. The heart disorder issue remains pending.

The Veteran withdrew from appeal all issues related to increased ratings for various knee and spine conditions.

The Veteran's left ankle strain is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.

The Veteran's appeal is being remanded for further development of the record, including obtaining missing VA treatment records and arranging an orthopedic examination to assess the current severity of his service-connected left ankle disability.

The Veteran's right ankle degenerative joint disease is currently rated at 20 percent, the maximum schedular rating available. The evidence does not support a higher rating as there is no evidence of ankylosis or impairment of the tibia and fibula with nonunion or malunion.

The Board has determined that the Veteran's left ankle disorder was aggravated by service, resulting in current disability. The sinus disorder claim is denied as there is no evidence of a current disability.

The Board denied the Veteran's claims for increased ratings for his right shoulder strain, left ankle sprain, and hypertension as there was no evidence of new or material evidence to reopen previously denied service connection claims.

The Veteran's claim for an initial rating in excess of 10 percent for chronic right ankle sprains is being remanded due to the need for additional development, including obtaining updated treatment records and a VA examination.

The Veteran's service-connected hepatitis C and left ankle disability rendered him unable to secure and follow a substantially gainful occupation from October 13, 2009, to July 28, 2011. Prior to this period, his combined disability rating did not meet the criteria for TDIU.

The Board finds that the Veteran's right ankle disability was not incurred or aggravated during active service and is not otherwise related to a service-connected condition. The preponderance of evidence does not support a finding of a nexus between the current right ankle disability and qualifying active service.

The Veteran's left ankle strain was granted service connection as it had its onset during his first period of active duty. However, the right ankle disability was denied service connection due to lack of evidence linking it to service.,For the initial rating in excess of 10 percent for the right arm fracture and TDIU claims, these issues were not addressed.

The Board has remanded the claims for service connection for a right ankle disorder and an increased rating for left ankle sprain due to outstanding VA treatment records from Wilkes-Barre VAMC. The Veteran is also advised that he needs to file a substantive appeal if he wishes to continue his appeal on these issues.