Ankle decisions — 2018

The Board has decided to remand the cases for further examination and evaluation due to insufficient medical opinions regarding the Veteran's left ankle sprain and dental condition.

The Board has remanded the claims of service connection for tinnitus, bilateral sensorineural hearing loss, right knee disorder, and right ankle disorder due to incomplete compliance with previous remand directives.

The Veteran's right ankle tendonitis and sleep apnea have been granted service connection, with the right ankle tendonitis being secondary to his service-connected pes planus.

The Board has remanded the Veteran's claims for additional development due to incomplete records and need for further medical opinions.

The Board has remanded the claim of compensation under 38 U.S.C. § 1151 for a right ankle disability due to alleged negligence during surgery in June 1999.

The Board has decided that new evidence must be considered to reopen claims for service connection of various disabilities, including knee and sinus issues. The case is being sent back to the agency of original jurisdiction (AOJ) to review this new evidence.

The Veteran's service connection claims for right ankle fracture with degenerative arthritis status post fusion, bilateral hearing loss disability, and bilateral tinnitus are granted. The claim for secondary service connection for low back disorder is remanded.

Service connection for DJD of the thoracolumbar spine as secondary to service-connected bilateral knee disabilities is granted.,An effective date earlier than January 30, 2015, for the grant of service connection for bilateral ankle and bilateral knee disorders is denied.

The Board has determined that new examinations are needed due to the Veteran's suggestion of worsening symptoms since his last VA examination in April 2014.

The Board has decided to remand the Veteran's claims of service connection for left knee and left ankle disabilities due to insufficient examination findings. The Veteran is required to undergo additional medical examinations to determine if he currently has these conditions, and whether they are related to his military service.

The Board has denied reopening the claim of service connection for bilateral knee disability due to lack of new and material evidence. The claims for a compensable initial disability rating for tinea cruris of the left ankle and for service connection for obstructive sleep apnea are remanded.

The Veteran's claims for service connection of a low back condition, right ankle condition, sleep apnea condition, and headache condition have been reopened.,Service connection has been granted for sleep apnea and headaches. The Veteran’s hypertension and diabetes mellitus Type II are denied.

The Board has remanded the Veteran's claims for service connection and increased ratings due to insufficient medical evidence in some cases, and a need for further examinations.

The Veteran's claim for a temporary total convalescent rating outside of the assigned October 11, 2012, to April 30, 2013, period due to service-connected left distal tibial pillion fracture, status-post ankle fusion, is denied as there was no evidence of severe postoperative residuals such as incompletely healed surgical wounds or wheelchair-bound status after April 30, 2013.

Service connection is granted for tinnitus. Service connection is denied for chronic fatigue syndrome, headache disorder, bowel disorder, bilateral ankle disorder, gastroesophageal reflux disease (GERD), and bilateral knee degenerative joint disease (DJD) and bilateral shoulder bursitis.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, has been reopened. The Board has remanded the claims of service connection for tinnitus and various musculoskeletal disorders.

The Veteran's right ankle disability was initially rated as noncompensable prior to October 8, 2015. After a September 2015 ankle stabilization procedure, the Veteran was assigned a 20 percent rating effective from September 18, 2015.

The Veteran's claims for increased ratings were denied. The left ankle disability was rated 10% prior to December 11, 2017 and 20% from that date forward. The low back disability was rated 10% before April 26, 2016, 20% from April 26, 2016 to February 26, 2018, and 40% from February 27, 2018. The right lower extremity radiculopathy was rated 10% before June 22, 2017 and 20% after that date. The left lower extremity radiculopathy was rated 10% before June 22, 2017 and 20% after that date. The cervical spine disability was rated 10% prior to April 26, 2016 and 20% after that date. The right upper extremity radiculopathy was rated 40% from June 22, 2017. The left upper extremity radiculopathy was rated 20% from June 22, 2017. The right knee and left knee disabilities were both denied.

The Veteran's appeal as to the issue of entitlement to an initial rating in excess of 50 percent for PTSD, to include major depressive disorder and history of alcohol use disorder is dismissed. The issues pertaining to entitlement to service connection for a left ankle disorder, migraine headaches, and bilateral hearing loss are remanded.

The Board has determined that the June 2015 VA examination is inadequate for evaluating the Veteran's right ankle condition, and thus the case is being remanded to obtain additional medical records and conduct a new VA examination.