Ankle Board decisions

The Veteran's right ankle disability is found to be related to service, and service connection for this condition is granted.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and scheduling a VA examination to assess the severity of her service-connected disabilities.

The Veteran's right and left ankle disabilities have been rated at 10% since October 1, 2007. The rating has remained unchanged as of September 11, 2012.

The Veteran has withdrawn his appeals on all issues of entitlement to service connection, higher initial ratings for PTSD, degenerative joint disease of the left knee, remote right ankle fracture with degenerative joint disease, bilateral hearing loss, and TDIU.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining VA treatment records and scheduling examinations.

The Board has determined that the VA examination is inadequate for adjudicatory purposes and remands the case to obtain a supplemental opinion from an appropriate VA medical professional. Additionally, due process issues related to DRO review are noted.

The Veteran's service-connected disabilities render him unemployable, and the Board grants entitlement to a total disability rating due to individual unemployability (TDIU).

The Veteran is granted a temporary total convalescent rating through March 31, 2009 for his right ankle surgery and a 20 percent disability rating for monoarticular arthritis of the right ankle since April 1, 2009.

The VA has determined that the Veteran's right ankle instability warrants a 10 percent disability rating, effective November 16, 2009. The evidence does not support a higher rating.

The Veteran's claims for service connection were denied. The Board found that the evidence did not support a grant of service connection for any of the conditions listed, including PTSD.

The Veteran's somatization disorder with PTSD is rated at 100 percent, rendering moot his appeal for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU). His claim for special monthly compensation (SMC) based on aid and attendance was withdrawn.

The Board has remanded the case for additional development, including obtaining medical records and scheduling VA examinations to determine if the Veteran's right knee, left hip, or left ankle disorders are related to service.

The Board has determined that the Veteran does not have current residuals of a left hamstring injury, and therefore service connection for this condition is denied. The right ankle and foot disorder is found to be as likely as not related to military service.

The Veteran's medical expenses for non-VA care on October 21st and 22nd, 2010 were reimbursed due to the nature of her injuries being related to a service-connected condition (right knee disability), and VA facilities not being feasibly available.

The Veteran's left ankle disability was rated at 10 percent from June 23, 2009 to February 22, 2012 and increased to 20 percent thereafter. The scar associated with the Achilles tendon repair received a 10 percent rating.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and providing notice regarding the TDIU claim.

The Board has determined that the Veteran's right ankle disability is due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on VA's part in furnishing medical treatment.

The Board has determined that the appellant does not have a current diagnosis related to swelling or edema of her feet and ankles, and there is no evidence showing chronic foot or ankle disabilities during service. The Board finds that her current bilateral ankle and foot DJD are less likely than not incurred in or caused by her injuries during ACDUTRA.

The Veteran's bilateral ankle condition and idiopathic polyneuropathy of both lower extremities are found to be related to his service-connected degenerative changes of the lumbar spine with history of herniated disc.

The Veteran's right ankle disability, which includes degenerative joint disease with ligamentous tear and instability as well as an old fracture of the os trigonum, is rated at a higher 30 percent under Diagnostic Code 5270 for ankylosis in dorsiflexion between 0 and 10 degrees. The Veteran's right ankle disability more closely approximates this condition than the previous 20 percent rating.