Ankle Board decisions

The Veteran's claim to reopen his previously denied service connection for left ankle degenerative joint disease is being remanded due to a potential issue of clear and unmistakable error in the April 1989 rating decision.

The Veteran's appeal is remanded for additional development, including obtaining updated VA and private treatment records, as well as a VA examination to assess the severity of his bilateral shin splints and any related knee and ankle disabilities.

The Veteran's lumbar strain disability is rated at 10 percent, effective from March 25, 2010. The issues of increased ratings for the right ankle and depression disabilities are also addressed.

The Veteran's tinnitus is service-connected, and he was granted a 10 percent rating for his right ankle disability. The left ankle disability has been rated as non-compensable prior to February 8, 2013, but the Board found that a higher rating of at least 10 percent is warranted since then.

The Board has determined that the Veteran's claimed left knee disorder, right ankle disorder, lumbar spine disorder, and sciatica are not service-connected as they do not have a direct relationship to his military service or any service-connected conditions.

The Veteran's service-connected disabilities (left ankle disability and right ankle disability) have been rated based on their combined total rating of 60 percent. The claim for TDIU has been granted.

The Veteran's service-connected disabilities, including right knee degenerative joint disease, left knee strain, residuals of a fracture of the right tibia and fibula, right ankle degenerative joint disease, and left eye corneal inferior scar, have rendered him unable to secure or follow substantially gainful employment.

The Veteran's claims for service connection for bilateral wrist, right foot, and right ankle disabilities were denied as there is no current evidence of a diagnosed disability in the record.

The Board finds that the preponderance of the evidence does not support a finding that the Veteran's current left ankle disorders are related to his active military service. The VA examiner determined that the Veteran's current left ankle disabilities are less likely than not incurred in or caused by the claimed in-service injury or event.

The Veteran's left ankle disability is rated at the maximum allowable under DC 5271, and a higher rating is not warranted.,The Veteran's left foot plantar fasciitis is currently rated as 20 percent disabling, which represents the highest available rating under DC 5276. A higher or separate rating is not warranted without evidence of ankylosis, astragalectomy (the surgical removal of the talus bone), or malunion of os calcis or astragulus bones.,The Veteran's left knee bursitis does not meet the criteria for a compensable rating under any applicable DCs. The highest available rating is 10 percent under DC 5284, as it is rated as 'other foot injury'.,Bilateral hearing loss is currently rated at zero percent and no higher ratings are warranted based on the provided information.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal in writing.

The Veteran's appeal is being remanded for further development, including obtaining a VA examination and determining the Veteran's receipt of SSA disability benefits. The special monthly compensation claim will also be remanded.

The Veteran's appeal is being remanded due to the need for a videoconference hearing. The issues of entitlement to initial compensable disability ratings and service connection are not addressed in this decision.

The Veteran's claims for increased ratings have been granted, with a 10% evaluation assigned for each of the three service-connected disabilities.

The Veteran's appeal is being remanded due to her failure to report for a scheduled videoconference hearing. Her initial rating claims for thoracolumbar strain and right ankle strain are still pending.

The Veteran was granted service connection for PTSD, but denied for right ankle disability, prostate disability (due to herbicide exposure), and pulmonary respiratory disability. The prostate disability claim is based on presumed exposure to herbicides during service.

The Veteran's right ankle disability has been manifested by no more than moderate limitation of motion throughout the appeal period. A rating of 10 percent is assigned for his service-connected right ankle disability.

The Board found no evidence of a currently diagnosed bilateral ankle disorder, cervical spine degenerative joint disease, or low back degenerative changes that are related to service. The Veteran's claims for these conditions were denied.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection for right foot and ankle disabilities. This includes obtaining a complete copy of his service treatment records, scheduling VA examinations, and determining if any new evidence should be considered.