Ankle decisions — 2018

The Veteran's claim for service connection for bilateral hearing loss disability has been reopened and granted. The Board finds that the evidence is at least in equipoise regarding service connection for this condition, resolving reasonable doubt in favor of the Veteran.,The Veteran's left ankle condition is less likely than not incurred or caused by his military service.

The Veteran's appeal is remanded due to the need for additional medical examinations and the retrieval of outstanding private treatment records. The issues on appeal include ratings for various service-connected conditions, as well as claims for service connection.

The Board has remanded the case for additional development, including obtaining an addendum medical opinion and attempting to obtain all relevant treatment records.

The Board has granted service connection for left foot, ankle and knee disabilities as secondary to the Veteran's service-connected right foot pes planus.

The Veteran's claims for service connection for acne vulgaris and gastroesophageal reflux disease (GERD) have been withdrawn. The remaining issues of service connection are addressed in the remand portion.

The Board denied service connection for various arthritis conditions and the initial disability rating claim for ankylosing spondylitis of the thoracolumbar spine. The Veteran's claims were not supported by evidence linking these conditions to his military service.

The Board has remanded the TDIU claim due to inadequate development, including a lack of an examination addressing the combined effect of the Veteran's service-connected disabilities on his ability to secure or follow a substantially gainful occupation.

The Board has remanded the claims for further development due to outstanding VA treatment records and additional attempts to obtain medical records from Walter Reed Medical Center and Branch Health Clinic.

The Board finds that the preponderance of the evidence is against a finding that the Veteran's current bilateral ankle condition was aggravated in service, and thus denies the claim for service connection.

The Veteran's claims for higher initial disability ratings and service connection have been denied. The Board found that the evidence did not support staged ratings or a rating in excess of what was assigned.

The Board denied the Veteran's claims for earlier effective dates as they are not legally entitled to such based on the lack of timely filed NODs and the fact that no Notice of Disagreement was received within one year from the June 1997 rating decision.

The Veteran's claims for increased ratings for his right shoulder and right ankle disabilities are being remanded due to the need for additional examinations to assess the current severity of these conditions.

The Board denied the Veteran's claims of entitlement to increased ratings for his left index finger disability, service connection for his left ankle and low back disabilities. The evidence did not meet the criteria for a higher rating or service connection.

The Board has determined that the Veteran does not have a left eye disorder, including Adie's pupil, related to service or any other service-connected disability. The issues of service connection for right ankle disorder, bilateral foot disorder, neck disorder, and bilateral hearing loss are also denied.

The Board has determined that the Veteran's right ankle disability was noted at entrance into active service and did not worsen during service. As such, service connection is denied.

The Veteran's TDIU claim is granted due to his service-connected disabilities, which render him unemployable.

The Veteran's bilateral hearing loss, left ankle disability, and skin disability of the feet are found to be service-connected. The right ankle disability and ischemic heart disease claims were not addressed due to lack of current disability.

The Veteran's service connection claims for TBI, bilateral foot and ankle disabilities, sleep apnea, and right hip disability are all granted.

The Veteran's appeal is being remanded for additional development, including new VA examinations to assess the severity of his lumbosacral spine disorder, right shoulder disorder, and right ankle disorder.

The Board has granted service connection for depression, right shoulder disability, OSA, and alcohol dependence as due to PTSD. Service connection was denied for pes planus, right ankle disability, left ankle disability, and back disability (scoliosis).