Ankle decisions — 2019

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's left ankle disability, specifically his claim for service connection.

The Board has denied the Veteran's claims for service connection for bilateral ankle disability, bilateral hearing loss, and tinnitus. The available evidence does not support a finding that any current disabilities are related to active service.

The Veteran's claims for service connection for a bilateral ankle disability and diabetes mellitus are remanded due to the need for additional medical examinations.

The Board has remanded the Veteran's claims for lumbar spine, left leg, right leg, right knee, left knee, right ankle, left ankle, right shoulder, left shoulder, right elbow, and left elbow disabilities due to insufficient evidence regarding their etiology.

The Board has remanded several issues related to service connection for various disabilities, including low back disability, bilateral knee disability, left and right ankle disabilities, eye disability, hemorrhoids, and hypothyroidism. The Veteran's reports of in-service injuries and treatment are considered, but further evidence is needed from the VA.

The Board has remanded the Veteran's claims for right ankle DJD, prostate cancer residuals with erectile dysfunction and incontinence, and acquired psychiatric disability (including PTSD) due to insufficient evidence regarding service connection.

The Board has denied service connection for bilateral pes planus due to clear and unmistakable evidence that the condition existed prior to service and was not aggravated by service. The cases of bilateral hip, shin splint, and ankle disabilities are remanded for further examination and opinion.

The Board has granted service connection for the Veteran's right ankle disability. The decision also remanded to obtain an examination regarding a potential secondary service connection for a right leg disability, if related to his hepatitis C.

The Veteran's PTSD is rated at 70 percent, the maximum available rating.,The Veteran's GERD is rated at 30 percent.

The Veteran's appeals for service connection for bilateral hearing loss, sleep apnea, and asthma were dismissed due to the Veteran withdrawing his appeal.,New evidence was received sufficient to reopen claims for service connection for a back disability and a right ankle disability. Service connection is granted for these conditions.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for left ankle disability, cervical spine disability, right shoulder disability, and left shoulder disability. The claim for acquired psychiatric disorder is also remanded.,The Veteran's cervical spine disability was denied in an August 2014 rating decision due to lack of new and material evidence. A remand is necessary as the Board needs to determine if there is a nexus between the service-connected disabilities and the cervical spine disability.,The right shoulder and left shoulder disabilities are also remanded, with the same reasoning as for the cervical spine disability.,The acquired psychiatric disorder claim is also remanded due to lack of new and material evidence. A remand is necessary to determine if there is a nexus between the service-connected disabilities and the psychiatric disorder.,A rating in excess of 20 percent for thoracic strain is also remanded.

The Veteran's claim for an increased rating of his right ankle disability is granted, with a 20% rating effective from April 25, 2018.,The Veteran's claim for a compensable rating for HIV-related illness is remanded due to the need for further evaluation and consideration.

The Veteran's claim for service connection for left ear hearing loss was denied. The RO granted service connection for right ear hearing loss instead.,For the period from December 1, 2011 to July 24, 2016, a 10% rating was granted for the left ankle sprain with distal fibula fracture. After this period, the Veteran's claim for an increased rating was denied.

The Board denied service connection for PTSD, all other conditions, and effective dates. The Veteran's claims were not granted.

The Veteran's service connection claim for arthritis of the right ankle is granted as his current disability is found to be related to an in-service injury.

The Veteran's migraine headaches are rated at a maximum of 30 percent from December 20, 2007 to November 20, 2012 and at 30 percent since November 22, 2013.,For the left ankle disability, an initial rating of 20 percent is granted from November 22, 2013.

The Veteran's vertigo associated with TBI is rated at 30 percent, and the issue of entitlement to an initial rating in excess of 10 percent for headaches associated with TBI remains pending.,The Veteran's headaches are currently rated as noncompensable (zero percent disabling) prior to September 21, 2016, and 30 percent thereafter. The issue of entitlement to a compensable evaluation from September 21, 2016 is pending.,The issues of entitlement to evaluations in excess of 10 percent for left ankle sprain and right ankle sprain are remanded.,The issue of entitlement to a compensable evaluation for paresthesia of the left side of the face associated with TBI remains pending.,The issue of entitlement to a compensable evaluation for TBI with post-concussive syndrome and visual impairment is also pending.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for additional development, including verification of in-service stressors.

The Board has determined that the Veteran's claims for service connection for right knee, left knee, and left ankle disorders are remanded due to inadequate VA examinations. The Veteran's bilateral foot disorder claim is also remanded as there were no adequate VA examinations provided.

The Veteran's claim for service connection for a left ankle disorder has been reopened and granted. However, the claims for increased ratings for various knee conditions and hearing loss have been remanded.