Ankle decisions — 2019

The Veteran's service-connected disabilities, including panic disorder with agoraphobia and bilateral tinnitus, made him unable to secure or follow a substantially gainful occupation as of October 6, 2014. The effective date for the grant of TDIU is set at October 18, 2015.

The Veteran is granted entitlement to total disability based on individual unemployability (TDIU) beginning December 1, 2010 due to his service-connected conditions.

The Board denied service connection for the Veteran's right ankle condition, finding that there is no evidence of a nexus between his current disability and his in-service injury.

The Veteran's appeals for increased rating for left knee disability, service connection for glaucoma and prostate disorder, special monthly compensation (SMC), and service connection for lumbar spine disability have been dismissed.,The Veteran's appeal for service connection for prostate disorder has been dismissed.,The Veteran's appeal for service connection for glaucoma has been dismissed.,The Veteran's appeal for service connection for a lumbar spine disability is granted, but the claim remains pending as it was previously denied in April 2000 and reopened based on new evidence. The claim is still denied due to lack of medical evidence linking the condition to service.,The Veteran's appeal for service connection for hypertension has been dismissed.,The Veteran's appeals for service connection for a left foot disability, obstructive sleep apnea, left ankle disability, right knee disability, and cervical spine (neck) disability have been remanded as further development is needed.,The Veteran's appeals for service connection for headache disability, traumatic brain injury (TBI), bilateral hearing loss, and tinnitus have been remanded as further development is needed.

The Veteran's migraines are rated at 50% effective October 21, 2013.,Service connection for scars of the left foot and right knee is granted with an effective date of October 14, 2014.,Service connection for scars of the left ankle is granted with an effective date of February 7, 2013.,The Veteran's claim for service connection for migraines prior to October 21, 2013 is denied.

The Veteran's claims for service connection are being remanded due to the need for additional medical opinions regarding the nature and etiology of his tinnitus, left ankle disability, and left elbow degenerative joint disease.

The Board has granted service connection for the Veteran's left ankle disability, obstructive sleep apnea, headaches, and ventral hernia. The right knee disability, PTSD with major depression, and hemorrhoids remain denied.

The Board found that the appellant's bad conduct discharge from service was due to willful and persistent misconduct, not a minor offense. Therefore, his character of discharge bars him from receiving VA benefits.

The Board has remanded multiple claims for earlier effective dates due to the receipt of additional relevant evidence.

The Veteran's appeal is remanded due to the need for a new VA examination and consideration of whether an extraschedular rating is warranted.

The Board has decided to remand the cases for further development, including obtaining SSA records and any additional examinations or opinions as needed. The Veteran's claims will be reconsidered after these actions.

The Veteran's claim for a rating in excess of 20 percent for residuals of compressions fracture T11-12 was denied. The application to reopen the claim of entitlement to service connection for a right ankle disorder is granted, but the underlying claim itself is denied.

The Veteran's service-connected disabilities render him unable to engage and retain substantially gainful employment, and the Board has granted TDIU for the rating period since September 1, 2013.

The Veteran's tinnitus is granted service connection, and his right ankle disability remains at a 20 percent rating.

The Board has reopened the Veteran's claim for service connection for a left hip condition, but denied it on the merits. The issues of increased ratings for back and bilateral lower extremity radiculopathy are also remanded.

The Veteran's claim for back strain was reopened and granted. Bilateral pes planus was found to have been aggravated by service, leading to a grant of service connection. The Veteran's left ankle os calcis with deformity is now rated at 20 percent from October 10, 2013.,The Veteran's back strain claim was reopened and granted due to new evidence showing current degenerative lumbar spondylosis. Bilateral pes planus was found to have been aggravated by service during parachute jumping. The left ankle os calcis with deformity is now rated at 20 percent from October 10, 2013.

The Board has remanded the Veteran's claims for service connection for right and left ankle disabilities, as well as right and left foot disabilities due to lack of a medical opinion addressing the onset of symptoms in service.

The Veteran's TDIU claim is granted as his service-connected disabilities render him unemployable, with reasonable doubt resolved in his favor.

The Board has remanded the claims of increased ratings for neck strain, right ankle sprain, and hemorrhoids due to outstanding VA medical records and a need for authorization and request of private chiropractic treatment records.

The Veteran's claim for an increased evaluation of their service-connected left Achilles tendon rupture and degenerative arthritis is remanded due to the need for additional medical records and a VA examination.