Ankle decisions — 2018

The Board has remanded the Veteran's claims of service connection for left knee disability, left ankle disability, and acquired psychiatric disorder due to additional development being required.

The Board has received additional relevant evidence and is remanding the cases for readjudication.

The Board has dismissed the Veteran's appeals regarding entitlement to an evaluation in excess of 10 percent for residuals of a right ankle fracture since July 25, 2007 and his initial compensable evaluations for solar lentigo and physiological tremor. The claim for service connection for sleep apnea secondary to PTSD with major depressive disorder is remanded for further development. An effective date prior to February 23, 2009, for a 100 percent evaluation for posttraumatic stress disorder with major depressive disorder is denied.

The Veteran's left ankle disability is rated at a 20 percent rating since May 4, 2012. The Board finds that the functional limitations of the left ankle more nearly approximate marked limitation of motion as to warrant this rating.

The Veteran's claims for service connection for various conditions, including cervical spine condition, thoracic spine condition, left knee condition, right knee condition, degenerative joint disease of the ankles, muscular disorder, diabetes mellitus, and multiple sclerosis, have all been denied. The Board found that there was no evidence to support a nexus between these conditions and the Veteran's military service.

The Veteran's enthesopathy of the tibial tuberosity, right ankle strain, and osteoarthritis have been rated at 30 percent since June 13, 2013. The Board has determined that this rating is appropriate based on the severity of his symptoms.

The Board has decided to remand the Veteran's claims for additional VA examinations due to difficulty in assessing his bilateral hip, knee, and ankle disabilities.

The Veteran's initial 10 percent rating for a surgical scar of the right ankle is granted. The Board also remanded two issues: service connection for a right knee disorder (secondary to the service-connected residuals of fracture of the right ankle) and an earlier effective date for the 10 percent rating for the service-connected residuals of fracture of the right ankle.

The Board has remanded the issues related to service connection for right knee and left foot disabilities, as well as increased ratings for recurrent lumbar strain, residuals of a left distal tibia fracture with left ankle degenerative joint disease (DJD), and residuals of a right heel fracture. The remand is due to the need for further development in terms of examinations and clarification of the current nature of these disabilities.

The Board has determined that the Veteran's claims for service connection are remanded due to insufficient opinions regarding his ankle, knee, hip, shoulder, and neck conditions. The Board also notes that there is a need for an opinion on whether ischemic heart disease is related to PTSD.

The Veteran's initial disability rating for Major Depression associated with lymphedema, left ankle is being remanded due to recent life events that may have worsened her symptoms.

The Veteran's claims for increased ratings for his service-connected degenerative joint disease of the lumbar spine, right ankle disability, and depression are being remanded due to the need for additional development.

The Board has found that the Veteran's tinnitus is related to his service, but other claims for service connection are remanded due to inadequate VA examinations and need for additional evidence.

The Board denied the Veteran's claims of service connection for residuals of an ankle injury and allergies, finding that there was no nexus between his current disabilities and his military service.

The Board has remanded the case due to inadequately developed records, particularly regarding the specific dates of service. The claims for bilateral knee and right ankle disabilities are being returned for further clarification on duty status.

The Board denied the Veteran's claim for service connection for the cause of his death, finding that COPD and adenocarcinoma of the stomach were not incurred in or related to service. The Board also found that these conditions did not contribute substantially or materially to his death.

The Board has determined that additional development is needed for the Veteran's claims of service connection for left shoulder, bilateral knee, and bilateral ankle disabilities, as well as gastroesophageal reflux disorder (GERD). The case is being remanded to allow for new VA examinations and a review of the medical records.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's left ankle arthralgia is proximately caused by or aggravated by his service-connected right ankle and/or left knee disabilities.

The Veteran's claims for service connection for bilateral shin splints and a bilateral ankle disability have been denied as there is no evidence of current disabilities.,For the initial compensable rating prior to January 22, 2014 and greater than 10 percent thereafter for left foot plantar fasciitis (status post fracture), the Veteran's symptoms do not warrant such a rating.

The Veteran's service-connected disabilities, including migraines, low back disability, and other conditions, are sufficient to prevent him from securing or following substantially gainful employment.