Ankle decisions — 2019

The Board denied the Veteran's claim for a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities, finding that his employment is not marginal and he does not meet the criteria for TDIU.

The Board has reopened the claim for left ankle disorder and granted service connection. Service connection was denied for fibromyalgia, muscle twitches, chronic fatigue syndrome, allergic rhinitis, sinus headaches, sleep disorder (obstructive sleep apnea), functional gastrointestinal disorder (chronic diarrhea), and erectile dysfunction.

The Veteran's right mid foot condition is rated at 20 percent, and his right ankle degenerative joint disease with tendonitis and sprain post fracture is rated at 30 percent. Both conditions are denied for a higher rating.

The Board denied the Veteran's claims for service connection for a right ankle condition, an effective date prior to September 14, 2012 for bilateral hearing loss, and an initial disability rating in excess of 10 percent for recurrent tinnitus.

The Veteran's claims for service connection of left ankle disorder, left knee disorder, and OSA have been reopened. The Board has granted the reopening of these claims.

The Veteran's application to reopen his previously denied claim for entitlement to service connection for a right knee disability is denied. The Board has also remanded the issue of entitlement to service connection for a left ankle disability due to lack of VA examination.

The Veteran's coronary artery disease is found to be secondary to his service-connected degenerative arthritis.,Prior to October 17, 2018, the Veteran’s left shoulder symptomatology more closely approximated a range of motion deficit as being no greater than shoulder level. From October 17, 2018 and thereafter, the Veteran's left shoulder range of motion was limited to no greater than shoulder level.,Prior to October 17, 2018, the Veteran’s lumbar spine symptomatology more closely approximated a range of motion of greater than 30 degrees of flexion but less than 60 degrees of flexion. From October 17, 2018 and thereafter, the Veteran's lumbar spine range of motion was greater than 30 degrees but less than 60 degrees.,Prior to October 17, 2018, the Veteran demonstrated painful motion of the left ankle. From October 17, 2018 and thereafter, the Veteran demonstrated a moderate limitation of motion of the left ankle.

The Board has remanded the Veteran's claims for service connection for bilateral ankle injuries, diabetes mellitus, and PTSD due to incomplete evidence and need for further medical opinions.

The Board has decided that the Veteran's claims for service connection for bilateral ankle and knee disabilities need further investigation as there are outstanding records to be obtained. The examiner is requested to provide an opinion on whether these disabilities are related to his military service.

The Board has granted the Veteran's claims for service connection for right knee and right ankle disabilities, but has remanded his claim for bilateral ear disability due to insufficient evidence.

The Veteran's left leg disability, including knee and ankle impairment, is currently rated at 10 percent. The Board has remanded the case for further examination to determine the severity of his disability and any bilateral foot issues.

The Board has determined that the Veteran should be afforded a VA examination to assess the nature and etiology of his claimed back disorder. The issues of service connection for PTSD, an acquired psychiatric disability, a right knee disability, a left knee disability, a right ankle disability, and a temporary total rating for left knee replacement were remanded by the Board in February 2017.

The Veteran's right and left ankle disabilities, as well as her bilateral hearing loss disability are granted service connection. The psychiatric disability is remanded for further examination.

The Veteran's migraines do not result in characteristic prostrating attacks averaging one in two months, thus denying an initial compensable rating.,There is no evidence of arthritis during service or within one year post-service, and the preponderance of evidence does not support a finding that it began in service. The claim for arthritis is denied.,The Veteran has not been diagnosed with residuals of circumcision of the penis at any time relevant to this appeal. His reports of symptoms do not constitute evidence of a current disability, even if they are related to his service. The claim for residuals of circumcision of the penis is denied.,Coronary artery disease did not have its onset in service and is not otherwise related to service. The claim for coronary artery disease is denied.,A lumbar spine disability did not have its onset in service and is not otherwise related to service. The claim for a lumbar spine disability is denied.,Right ankle and right foot disabilities are not secondary to the Veteran's lumbar spine disability, as there is no evidence of such a relationship. The claims for these conditions are denied.

The Board has remanded the claims for service connection for a left ankle disorder, left shoulder disorder (claimed as secondary to a left ankle disorder), and cervical spine disorder (claimed as secondary to a left ankle disorder) due to inadequate medical opinions. The issues are inextricably intertwined with the decision on the left ankle disorder claim.

The Board has found that the Veteran does not have current diagnoses of right ear hearing loss, pericarditis, or left ear hearing loss. The claims for these conditions are denied as there is no evidence of a present disability. The claim for service connection for tinnitus and ankle disabilities remains pending due to remand.

The Veteran's appeal includes issues related to increased ratings for various service-connected disabilities and the issue of entitlement to service connection for a right ankle disorder, claimed as Achilles’ tendonitis. The Board has determined that additional examinations are needed in order to provide new VA examinations.

The Veteran's claim for an increased evaluation in excess of 10 percent for residuals of a right ankle fracture of the posterior malleolus was denied because he failed to appear for a scheduled VA examination without good cause.

The Board has remanded the Veteran's claims for service connection and increased rating as they are inextricably intertwined with the issues of entitlement to an extraschedular rating for his right ankle disability.,The Veteran is being asked to undergo additional examinations to determine the severity of his cervical spine, bilateral knee, forearm, and thigh disabilities.

The Board has denied the Veteran's claims for service connection for left ankle disorder, finger disorder, right hand, and respiratory disorder. The claim for a back disorder is remanded.,Service connection was not granted as there is no evidence of current disability or in-service injury.