Ankle decisions — 2018

The Board has remanded the Veteran's claims for increased ratings and TDIU due to incomplete VA examinations, which did not include all necessary findings. The Veteran will need to undergo new VA medical examinations.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected sinusitis. The decision also grants a rating of 30 percent for sinusitis from January 1, 2014 to October 16, 2014, and remands other issues including service connection for left shoulder disability, bilateral ankle disorder, psychiatric disorder (secondary to service-connected disorder), and initial rating higher than 10 percent for allergic conjunctivitis.

The Board has decided to remand the Veteran's claims for service connection for a right foot disorder, low back disorder, and right ankle disorder due to outstanding VA treatment records that may be pertinent to her claims. The Veteran is required to provide any missing VA treatment records from specific medical facilities in Michigan.

The Board has remanded the claims of service connection for various conditions due to insufficient medical opinions regarding their etiology and no VA examiner having provided an opinion on all issues. The Veteran's reported in-service injuries are also under consideration.

The Board has granted service connection for a right ankle disability, including gout. However, the claim of service connection for prostate cancer is remanded due to insufficient development regarding exposure to herbicide agents in Guam.

The Board has granted service connection for a left ankle disability and remanded the issue of service connection for tinnitus.

The Veteran's appeal of the calculation of his combined rating, which was assigned a 60 percent rating in July 2014, is denied. The AOJ properly calculated the combined rating based on individual ratings at that time.

The Board has granted service connection for a right ankle disability secondary to the Veteran's service-connected right knee arthritis. The issues of rating the thoracolumbar spine and L5 radiculopathy, as well as entitlement to TDIU, are remanded.

The Board has found that the Veteran meets the schedular criteria for a TDIU, but further development is needed to determine if his service-connected disabilities prevent him from securing or following a substantially gainful occupation.

The Board has remanded the claims for service connection for right ankle, left knee, and right knee disorders due to incomplete medical opinions and lack of development.

The Veteran's claim for service connection for a right ankle disability has been reopened due to the submission of new and material evidence. The appeal is granted to this extent, but the issue of whether the current right ankle disability is related to active duty service remains pending.

The Veteran's service-connected fracture to the left 2nd metatarsal resulted in some slight limitation of motion and arthritis. However, his current left foot/ankle disorder is not related to active duty service or a service-connected disability.

The Veteran's right ankle disability is granted a 10% rating from May 3, 2012 to May 3, 2013. Ratings for his left knee and right knee osteoarthritis are denied. The claim of service connection for a left ankle condition remains pending as new evidence has not been received that would reopen the case.

All pending claims for service connection and increased ratings are dismissed due to the Veteran's death.

The Board has remanded multiple issues related to the Veteran's service connection claims, including those for right ankle disability, chronic regional pain syndrome, right knee disability, muscle disorder and/or joint pain, vertigo, loss of balance, headaches, gastrointestinal disorder, skin disorder, left foot disability, and acquired psychiatric disabilities. The VA is directed to obtain relevant treatment records from various facilities and the Veteran's Social Security Administration (SSA) records.

The Veteran's service-connected right tibial tendon tear with ankle sprain is rated at 70%, which meets the schedular rating criteria for a TDIU. However, the Veteran did not submit a completed VA Form 21-8940 to prove she is unemployed and unable to obtain or maintain substantially gainful employment.

The Board has decided to remand four issues related to the Veteran's service connection claims, including for a left achilles tendon/left ankle condition, right shoulder condition, hemorrhoids, and degenerative arthritis of the lumbar spine. The decision also notes that verification of all periods of Active Duty Training (ACDUTRA) and Inactive Duty Training (INACDUTRA) is needed.

The Board has ordered the Veteran to provide VA treatment records from January 25, 2005 to August 4, 2017. The appeal is being remanded due to this missing information.

The Board has determined that the Veteran's left ankle disability warrants a 100 percent rating from October 17, 2017. The case is remanded for further action on his claim of entitlement to a higher rating for his left ankle scar and for consideration of his claim for TDIU.

The Veteran's right knee DJD and meniscus injury, fibromyalgia, right ankle strain, lumbar spine osteoarthritis with bilateral lower extremity radiculopathy, and cervical spine DDD with right and left upper extremity radiculopathy have been granted ratings from specific dates. The Veteran is also receiving separate compensable ratings for instability and scars related to the right knee.