Ankle Board decisions

The Board has determined that further development is needed to address the Veteran's claims, including verifying his National Guard service and assessing the nature and likely etiology of his left ankle disability. The Veteran's bilateral hearing loss claim will also be reviewed for a determination on its merits.

The Veteran's service-connected residuals of a stress fracture to the right medial tibial plateau resulted in pain, 'giving out', and degenerative joint disease was objectively confirmed. Since January 13, 2014, his disability has been rated at 30 percent for malunion of the tibia and fibula with marked ankle disability.

The Board has vacated its previous decision and remanded the case for further development, including obtaining VA treatment records from October 2004 to present and providing the Veteran with a new VA examination.

The Board found that there is no evidence of a chronic lumbar spine disability or left ankle disability in service, and the preponderance of the evidence does not support a finding that these conditions are related to service. Therefore, the claims for service connection were denied.

The Board has determined that additional development is needed in order to make a determination on the Veteran's claims for service connection for left ankle and back disorders.

The Veteran's service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment consistent with his education and occupational background.

The Board has granted an effective date of March 13, 2014 for the assignment of a 30 percent evaluation for service-connected COPD. The Veteran's left ankle condition, low back injury, and sleep apnea are all found to be related to his military service.

The Board has determined that the Veteran did not sustain an injury to his right ankle during service, and there is no evidence of a nexus between current right ankle or knee disabilities and active duty. The claim for bilateral hearing loss is granted.

The Veteran's left ankle arthritis and left foot arthritis with heel spur have been evaluated, but the current ratings do not meet the criteria for a higher rating under applicable diagnostic codes.

The Veteran's appeal has been withdrawn, and the Board is dismissing the appeals for entitlement to service connection for left ankle condition and left foot condition.

The Board has determined that there is no evidence of a current right ankle, bilateral hip, or bilateral knee disorder during the appeal period. The Veteran's service-connected low back disability and abnormal gait are not found to be the cause of her claimed hip and knee disorders.

The Board has determined that the Veteran's current diagnoses of osteoarthritis in the feet, mild peripheral vascular ischemia, and arthritis of the ankles are related to service exposure to cold weather. As such, the claim for service connection for cold injury residuals in the feet and ankles is granted.

The Veteran's appeal is being remanded for further consideration of his claim for a total disability rating due to individual unemployability (TDIU) based on service-connected disabilities. The case will be referred to the Director, Compensation Service, for extraschedular consideration.

The Veteran's claim for a TDIU is being remanded as the VA has not obtained an opinion regarding his employability due to service-connected disabilities. The case will be readjudicated after obtaining this information.

The Board has granted service connection for tinnitus and a left ankle disability, finding that the evidence is in equipoise on whether these conditions are related to service.

The Board denied service connection for left ankle ligament tear with residuals and granted service connection for patella spurring of the right and left knees, but denied an initial compensable disability rating for hypertension.

The Veteran's service-connected left ankle disability is rated at 20 percent, the highest schedular rating available under Diagnostic Code 5271 for marked limitation of motion. No higher evaluation is warranted as there is no evidence of ankylosis or other conditions that would allow for a higher rating.

The Board found no evidence of a chronic right ankle disability in service and denied the Veteran's claims for residuals of a right ankle sprain and arthritis of the right ankle. The Board concluded that any current right ankle disabilities are not related to his military service.

The Board has determined that the Veteran does not have a current right ankle disorder and therefore, service connection for this condition is denied. The issue of service connection for a right shoulder disorder remains pending.

The Board has reopened the claims for right and left ankle disabilities, low back disability, gastroesophageal reflux disease (GERD), headaches, and right hip disability. The claim for a rating in excess of 10 percent for right knee disability is REMANDED.