Ankle Board decisions

The Veteran is granted a 10% rating for left ankle strain from March 19, 2009 to March 13, 2014. The Board finds service connection for lumbar degenerative disc disease is warranted as the evidence supports that it was incurred during active duty.

The Veteran's claims for increased ratings and service connection were denied. The left ankle disability is currently rated at 20 percent, but the Veteran did not meet the criteria for a higher rating based on his symptoms and examination findings. Service connection was also denied for left knee and hip disabilities as secondary to the service-connected left ankle disability.

The Board has reopened the claims for service connection for bilateral ankle disorder, low back disorder, and left eye hyperopia and amblyopia. The claim for service connection for bronchitis was reopened with new evidence showing a current diagnosis of bronchitis. Service connection is granted for these conditions. No service connection is granted for pancreatitis or left hip disorder.

The Veteran's right ankle degenerative joint disease is related to his in-service right ankle injury, and the Board has determined that service connection for this condition should be granted.

The Board has granted service connection for a left ankle disability and residuals of a left thumb disability. The remaining claim for service connection for a lumbar spine disorder is being remanded.

The Board found that the Veteran's right ankle/leg disorder did not manifest in service and is not related to his military service.

The Board has granted service connection for sleep apnea as being proximately due to or caused by a service-connected disability, and has also granted service connection for bilateral pes planus. The Veteran's pre-existing ankle and foot disabilities were aggravated during service. Service connection was denied for the remaining issues.

The Board has determined that the Veteran's right knee and left ankle disabilities did not manifest during active duty or within one year of separation, and there is no evidence linking these conditions to service. The claims for lumbar spine disability, cervical spine disability (neck numbness), and left arm numbness are also denied as they do not meet the criteria for direct service connection.

The Veteran's claims for service connection are being remanded due to the need to obtain missing service treatment records and VA medical records, as well as a VA examination.

The Veteran's appeal is being remanded for a videoconference hearing at the RO in Roanoke, Virginia. The issues of service connection and evaluation remain unresolved.

The Veteran's claims for increased ratings for his left ankle sprain and instability, as well as his claim for a TDIU, are being remanded due to the need for additional development including VA examinations and obtaining outstanding medical records.

The Veteran's claim for TDIU has been remanded due to insufficient consideration of his education, training, and work history in relation to his service-connected disabilities. The case is now pending further development.

The Veteran's right ankle disability has been rated at 10 percent, but the evidence does not support a higher rating.,New and material evidence has been submitted to reopen claims for service connection of residuals of groin strain and left ankle disorder.

The Veteran's low back, bilateral ankle, and right hip disabilities are not service-connected as they were not incurred or aggravated by active service.,However, the VA examiner opined that these disabilities are secondary to his service-connected right knee disability.

The Veteran's service-connected disabilities, including PTSD with anxiety reaction and other conditions, contributed to his death. The appeal for DIC benefits under 38 U.S.C.A. § 1318 is dismissed as moot.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and requesting SSA disability benefits records. A new VA examination will be scheduled to address the nature and severity of his service-connected residuals of a shell fragment wound, left calf, and the etiology of any left ankle disability.

The Veteran's post-concussion disorder has been rated at the highest level of impairment, warranting a 40 percent disability rating.

The Veteran's appeal to establish that his substantive appeal was timely filed regarding the May 2007 rating decision was denied. The Board also found that his appeals for earlier effective dates and increased ratings were not timely filed.

The Veteran's appeal for increased compensation for service-connected hemorrhoids was denied. Service connection for sleep apnea and a left ankle disability were also denied, as the evidence did not support their existence or relation to service. The Veteran's TDIU claim was also denied due to his service-connected hemorrhoids not preventing him from engaging in gainful employment.

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