Ankle Board decisions

The Board denied all claims of service connection for various musculoskeletal disorders, finding that the Veteran did not have a current disability to which his complaints could be attributed and that any symptoms he experienced were already contemplated in the existing ratings for his service-connected peripheral neuropathy.

The Board has determined that the Veteran's service connection claims for a right shoulder disorder and a left ankle disorder have been denied as there is no evidence of direct service connection.

The Veteran's appeal regarding the September 2007 rating decision was granted, with service connection for sinusitis, bilateral plantar fasciitis, and pseudofolliculitis assigned. However, his right ankle disability remains unresolved.

The Veteran's service-connected disabilities are of such severity as to effectively preclude all forms of substantially gainful employment for which the Veteran's education and occupational experience would otherwise qualify him, thus meeting criteria for TDIU.

The Board has reopened the Veteran's claims for service connection for right and left ankle conditions. However, as new evidence does not establish a direct link between his current conditions and active duty service, or any other basis for service connection, the claims are denied.

The Board finds that the Veteran's current left ankle disorder, manifested by 'posttraumatic' changes and osteoarthritis, is likely due to an injury he sustained during his period of active service. Service connection for this condition is granted.

The Veteran's claims for higher initial ratings for his right ankle disability and service connection for a left foot disorder were denied. The Board found that he did not meet the criteria for an initial rating higher than 10 percent for his right ankle prior to August 10, 2011 or since, nor was there evidence of secondary service connection for his left foot disorder.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for bilateral ankle and foot disabilities. However, his claims for service connection are denied as there is no medical evidence linking these disabilities to active military service or to a service-connected condition. The Veteran's current diagnoses of diabetic peripheral neuropathy have been rated at 10 percent each since March 4, 2013.

The Board has determined that the Veteran's left ankle strain does not meet or approximate the criteria for a rating in excess of 10 percent.

The Veteran's appeal is being remanded to the AOJ for additional development, including issuing a statement of the case on his claim for a higher rating for left ankle sprain with degenerative arthritis and developing a TDIU claim due to lumbosacral spine degenerative disc disease. The AOJ must also consider whether the Veteran's TDIU claim should be considered under an extra-schedular basis.

The Board has granted service connection for bilateral ankle arthritis, bilateral peripheral neuropathy, and plantar fasciitis as these conditions are found to be related to the Veteran's active service.

The Veteran's right ankle and left shoulder disabilities are being remanded for further examination to determine their likely etiology, including whether they are related to his service-connected bilateral pes planus.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, right ankle sprain, and left ankle sprain have been granted. The Board finds that the evidence is at least in equipoise as to whether these conditions are related to service.

The Veteran's tinnitus, hearing loss, right and left knee disability, right and left ankle disability, and a left foot disability are all found to be related to service. The initial rating for degenerative disc disease of the cervical spine is granted.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation, meeting the criteria for TDIU.

The Board has denied the Veteran's claims for service connection for a bilateral ankle disability, extrapyramidal syndrome, and an acquired psychiatric disorder to include nervousness. The evidence does not support a finding that any of these conditions were incurred or aggravated during active service.

The Board has determined that an effective date earlier than November 13, 2007 for the grant of service connection for right ankle, status post Dwyer osteotomy is denied.

The Veteran's neck disability is rated at 20 percent, and his lumbar spine, left knee, and right ankle disabilities are each rated at 10 percent. The RO found that the evidence did not support higher ratings for any of these conditions.

The Veteran's appeal is being remanded for a VA examination to determine the nature and etiology of his claimed disabilities, including whether they are related to herbicide exposure during service.

The Board has decided that additional development is needed to determine the nature and etiology of the Veteran's claimed disabilities, including their relationship to his service-connected left ankle disorder.