Ankle Board decisions

The Board has determined that the Veteran does not have residuals of a traumatic brain injury that began in service or is causally related to service. His service-connected disabilities do not prevent him from securing or following a substantially gainful occupation.

The Board found that the Veteran's service-connected disabilities did not render him unemployable prior to October 19, 2005, and thus denied an earlier effective date for his TDIU rating.

The Veteran's claims for service connection for various conditions, including COPD, lumbar spondylosis, carpal tunnel syndrome of the upper extremities, varicose veins, and weakness in the legs, were denied as there is no credible evidence linking these conditions to his military service.

The Board has determined that the Veteran does not have residuals of a left ankle sprain and there is no in-service injury or disease related to this condition. As such, service connection for this disability cannot be granted.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the current severity of his service-connected residuals of right ankle sprain and obtaining any outstanding treatment records. Additionally, the issue of service connection for a lumbar spine disability secondary to service-connected residuals of right ankle sprain must be addressed in a statement of the case.

The Board has remanded the case due to insufficient rationale for a VA examiner's opinion regarding the Veteran's ability to work, and because of the need to obtain additional evidence including earnings history from Social Security.

The Veteran's appeal is being remanded to obtain additional VA treatment records and Social Security Administration (SSA) disability benefits records. The case will be readjudicated after these records are obtained.

The Veteran's service-connected disabilities necessitate the need for regular aid and attendance of another person, as evidenced by his significant limitations due to his service-connected lower extremity disabilities.

The Veteran's depressive disorder is related to his service-connected disabilities. His hearing loss and tinnitus are not related to service or any incident therein. The Veteran's left leg being shorter than the right leg is related to a service-connected disability.

The Board found that the Veteran's Parkinson's disease was not related to his military service and denied the claim for dependency and indemnity compensation based on service connection for the cause of death.

The Veteran's service-connected bilateral ankle disabilities have been granted increased ratings, with the right and left ankles receiving separate evaluations. The Veteran is entitled to a rating in excess of 10 percent for his right ankle disability prior to August 5, 2011, and on and after that date. He is also entitled to a rating in excess of 20 percent for his left ankle disability on and after August 5, 2011.

The Veteran's service-connected right ankle disability, characterized as progressive arthritis of the right ankle with status post fusion, is currently rated at 20 percent. The Board finds that this rating adequately reflects the severity and symptoms of his condition.

The Veteran's claims for increased ratings and service connection were denied. The claim for bronchitis/asthma was reopened, but no new rating is granted as the current evaluation under Diagnostic Code 5280 (hallux valgus) is at its maximum.

The Veteran's appeal is being remanded due to missing service treatment records and the need for additional examinations to determine the etiology of his claimed disabilities.

The Veteran has withdrawn his appeals for service connection and an initial compensable disability evaluation for the issues listed, including bilateral hearing loss. The appeal is dismissed without prejudice.

The Veteran's claim for a higher rating for his service-connected degenerative arthrosis of the left ankle, residuals of reconstructive surgery is being remanded due to the need to obtain updated VA treatment records and an examination.

The Veteran is entitled to a TDIU prior to January 17, 2013 due to service-connected dysthymic disorder and other disabilities that rendered him unable to secure or follow substantially gainful employment.

The Board found that the Veteran's disabilities did not meet the criteria for special monthly pension based on the need for Aid and Attendance of another person (A&A) or being housebound.

The Veteran's claims for service connection for bilateral ankle disability and left knee disability are being remanded due to outstanding VA treatment records. The AOJ will request these records and then readjudicate the claims.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional development, including examinations of his right knee, shoulder, ankle, and PFB. The claim for a TDIU is also being remanded as it is inextricably intertwined with the other issues.