Ankle Board decisions

The Veteran's claim for service connection for a bilateral hearing loss disability was denied as there is no evidence of hearing loss meeting VA criteria throughout the appeal period. The claims for right shoulder, thumb and ankle conditions are remanded for further development.

The Veteran is entitled to an effective date of April 27, 2004 for the grant of a TDIU due to service-connected disabilities preventing him from obtaining or maintaining substantially gainful employment.

The Veteran's appeal is being remanded for additional development to address her claim of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU).

The Board found that the Veteran's left ankle disability produced pain on use prior to April 12, 2010 and granted a 10 percent rating for this period.

The Veteran's appeal is being remanded for additional development, including obtaining treatment records and scheduling a VA examination to evaluate the severity of his right ankle disability.

The Veteran's ankle disabilities have been rated at 30 percent since November 29, 2013. The VA determined that the ankylosis in both ankles (right and left) is limited to plantarflexion between 5-40 degrees on the right and 15-40 degrees on the left.

The Veteran's service-connected disabilities did not preclude substantially gainful employment prior to October 9, 2013.

The Board found that the Veteran's left ankle and right foot disabilities were not incurred in or aggravated by service, while his left foot disability (including plantar fasciitis) was related to a verified period of active duty training. The Veteran's current diagnoses are unrelated to service.

The Veteran has withdrawn all of her claims on appeal, including those for service connection and initial disability ratings.

The Board found that new and material evidence had not been received to reopen the claim for service connection for hypertension. Ratings were denied for the Veteran's left and right knee disabilities, with no rating assigned for his left ankle disability.

The Veteran's claim for a schedular disability rating in excess of 20 percent for degenerative joint disease of the right ankle has been denied. The Board found that he is already receiving the highest schedular rating available under all applicable Diagnostic Codes for the ankle.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to determine the nature and etiology of his claimed disabilities.

The Veteran's appeal is being remanded due to the need for a Board hearing via live videoconference at the RO.

The Veteran's claims for effective dates prior to August 26, 2009 for the awards of service connection for various joint conditions have been denied as there is no evidence or correspondence in the record that was received prior to August 26, 2009 which could be construed as either a timely notice of disagreement and/or a CUE challenge to the rating decisions which assigned (in December 1973) and continued (in June 1999) the noncompensable rating for migratory arthritis of multiple joints.

The Veteran's service-connected disabilities, including PTSD, lumbar pain syndrome, left ankle limited motion, and lower extremity radiculopathy, have rendered him unable to secure or follow a substantially gainful occupation. The Board finds that he meets the criteria for a TDIU.

The Veteran's service-connected disabilities, including diabetes mellitus, coronary artery disease, PTSD, anal fissure, lumbar spine degenerative disc disease and osteoarthritis, tinnitus, peripheral neuropathy, right ankle laxity, inguinal hernia repair residuals, left ear scar, groin scar, and erectile dysfunction, collectively preclude him from obtaining or retaining substantially gainful employment.

The Veteran's appeal is being remanded to obtain additional medical records and for further development.

The Veteran's claim for increased ratings for gouty arthritis of the elbows, knees, Achilles tendons, ankles, and great toes has been denied as his conditions do not meet the criteria for a rating in excess of 60 percent.

The Veteran's claims for increased ratings for her left ankle and knee disorders were denied as the evidence did not support a higher rating under applicable diagnostic codes.

The Veteran's current left foot and ankle impairments are not attributable to his VA surgery, as they are manifestations of peripheral neuropathy. The Board finds that the proximate cause of these disabilities is not due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.