Ankle Board decisions

The Board has decided to remand the case for further development, including obtaining VA and private treatment records, scheduling a VA examination, and considering the Veteran's claim again.

The Veteran's right chronic Achilles tendonitis is rated at 10 percent, the maximum available under Diagnostic Code 5271. Service connection for cervical spine arthritis and left upper extremity radiculopathy (due to cervical spine disability) are granted as they are related to service-connected conditions. Migraine headaches are also service connected. Thoracic outlet syndrome is not service connected due to lack of a nexus. Somatic symptom disorder and antisocial personality disorder are service connected, while borderline personality disorder is not.

The Veteran's tinnitus was incurred in service and the Board finds that he is entitled to service connection for this condition. The Veteran's right ear hearing loss, ankle disabilities, knee disabilities, foot disabilities, left eye disability, hypertension, and sleep apnea are presumed to have been incurred due to his exposure to noise during military service.

The case is being remanded for additional development of medical records and a VA examination to determine the etiology of the Veteran's right knee and ankle disabilities, as well as his HIV. The issue of whether new and material evidence was received to reopen a claim for service connection for right ear pain will also be addressed.

The Board has determined that new and material evidence was not received to reopen the Veteran's claims of service connection for right and left ankle disorders, including as secondary to residuals of fractures of both heels as secondary to the service-connected disability of heel spurs, left foot. As such, these claims remain denied.

The Board has remanded the case due to incomplete records and needs further examination for the Veteran's claimed disabilities.

The Veteran meets the schedular criteria for a TDIU and his service-connected disabilities preclude him from securing or following a substantially gainful occupation.

The Veteran's claimed right lower extremity conditions, including shin splints, knee disorders, and ankle disorder, are not shown to be related to service. As such, the claims for these conditions have been denied.

The Board has remanded the case for a VA medical examination with an orthopedist to address whether the Veteran's service-connected bilateral plantar fasciitis with pes planus caused or aggravated his current ankle, knee, low back, and neck disabilities.

The Veteran's right ankle disability is currently rated at 20 percent for the period from April 30, 2009 to January 8, 2014.,For the period after January 8, 2014, a higher rating of 20 percent has been granted.

The Board has reopened the claims of service connection for left knee disability, residuals of right ankle injury, and right wrist disability. The new evidence shows current disabilities related to service.

The Veteran's current GERD/dyspepsia, umbilical hernia, and right inguinal hernia were incurred during his military service.

The Veteran's claims for increased ratings have been denied as there is no current hearing loss disability and the maximum schedular rating available for tinnitus is 10 percent.

The Veteran had a preexisting left ankle disability that was aggravated during service, and therefore, the Veteran's qualifying service for improved death pension benefits has been established.

The Veteran's hypertension has not met the criteria for a higher initial disability rating in excess of 10 percent during the entire initial rating period on appeal.,The Veteran's right ankle strain has not met the criteria for a higher initial disability rating in excess of 10 percent during the entire initial rating period on appeal.

The Board has determined that the Veteran's claimed disabilities are not related to his military service or a service-connected disability, and therefore, denied the claims for service connection.

The Veteran's claims for increased ratings for his left ankle fracture and left shoulder impingement disabilities have been denied. The Veteran is currently rated at 10 percent for the left ankle fracture prior to March 1, 2012, and at 20 percent thereafter. For the left shoulder impingement, he is rated at 10 percent. His tinnitus claim remains pending.

The Board has determined that the Veteran's fractured left ankle medial malleolus is service-connected, as it is less likely than not caused by or a result of an injury sustained during active duty.

The Veteran withdrew his appeal on the issues of entitlement to service connection for a right ankle disability, bilateral hearing loss, and a right inguinal area scar.

The Board found that the Veteran's current left ankle, left knee, and right hip disabilities were not incurred in service. The VA examiner opined that the left ankle disability was not caused by or a result of an in-service injury.