Ankle Board decisions

The Veteran's claim for an increased rating of his service-connected bilateral pes planus was denied. The Board found that the evidence did not meet the criteria for a disability rating greater than 30 percent. Service connection for a left ankle disorder was also denied, as there was no clinical onset in service and it is not otherwise related to active service or to a service-connected disability. Finally, the Veteran's claim for TDIU was denied due to lack of evidence showing he is unable to secure or follow substantially gainful employment.

The Board denied the Veteran's claims of service connection for left ankle, right knee, and right shoulder disabilities due to a lack of evidence showing these conditions had their onset during or within one year after service.

The Board denied service connection for thyroid disorder/trembling/fatigability and arthritis of multiple joints (hips, ankles, elbows, and knees) due to undiagnosed illness as the evidence does not support a finding that these conditions were incurred or aggravated during active service.

The Veteran's appeal has been withdrawn by his attorney, and the Board is dismissing the case as a result.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and considering the issues of increased evaluation for right ankle disability on both schedular and extraschedular bases, as well as a compensable initial rating for a surgical scar of the right ankle. The TDIU issue remains inextricably intertwined with these other claims.

The Veteran's appeal is being remanded for further development, including verification of his periods of federalized National Guard service and an examination to determine the nature and likely etiology of any ankle, knee, and back disabilities.

The Board has reopened the Veteran's claim of entitlement to service connection for depression and determined that new and material evidence has been received. The claims for service connection for right ankle disorder, lumbar spine disorder, and an acquired psychiatric disorder as secondary to service-connected disabilities are granted.

The Veteran's appeal has been withdrawn, and the Board is dismissing the case as there are no longer any issues for consideration.

The Veteran's service-connected left ankle fracture warrants a rating of 20 percent, effective from the date of the initial claim. The other issues were not granted.

The Veteran's appeal is remanded for additional development, including verification of his service in the Southwest Asia theater and obtaining VA examination reports to assess the severity of his right shoulder disorder, right ankle sprain, degenerative joint disease of the right knee, and instability of the right knee. The AOJ should also consider whether the Veteran is entitled to TDIU based on his service-connected disabilities.

The Veteran's service-connected disabilities, including obstructive sleep apnea, migraine headaches, and bilateral carpel tunnel syndrome, have rendered him unable to secure or follow substantially gainful employment. The Board has determined that he meets the criteria for a TDIU.

The Board has determined that the Veteran's current left ankle disability is a residual of an in-service injury, and thus service connection for residuals of a left ankle injury is granted. However, there is no evidence to support a separate claim for service connection for a left foot disability.

The Veteran's claims for higher ratings for PTSD, tinnitus, peripheral neuropathy of the right sciatic nerve, bilateral hearing loss, and a scar of the right posterior thigh associated with a gunshot wound are denied. The claim for service connection for a right ankle sprain is also denied.

The Board denied service connection for a left foot and ankle disability, finding that the Veteran's preexisting pes planus did not undergo an increase in severity during active service and that his gout of the left ankle did not have its onset during service.

The Veteran's right ankle tendonitis disability is rated at 20 percent, and the Board found that a higher rating was not warranted.

The Board has remanded the Veteran's claims due to the need for additional development, including scheduling an examination and obtaining service treatment records.

The Board has determined that the Veteran does not have a currently diagnosed right ankle or right foot disability that had its onset in service or is related to service. As such, the claim for service connection for a right foot and/or right ankle disability is denied.

The Board denied service connection for hand tremors, bilateral shoulder disability, bilateral knee disability, bilateral hip disability, and left ankle disability to include as due to undiagnosed illness or other qualifying chronic disability.

The Veteran's headache disability is currently rated at 30 percent, effective from October 6, 2014. His bilateral ankle synovitis has been assigned a noncompensable evaluation throughout the appeal period.

The Veteran's appeal is being remanded to the agency of original jurisdiction (AOJ) for scheduling a hearing before a member of the Board at the RO.