Ankle decisions — 2019

The Board has remanded the issues of service connection for various disabilities, including those related to the Veteran's T8 vertebra fracture residuals. The claims are being returned for further development and consideration.

The Veteran's appeals for service connection on four different conditions have been dismissed due to his request to withdraw the appeal.

The Veteran's claims for service connection for various conditions, including bilateral hearing loss, lumbar spine disorder, left hip disorder, right hip disorder, left knee disorder, right knee disorder, right ankle disorder, left ankle disorder, left foot disorder, and right foot disorder have been denied. The Board found that the evidence did not establish a current disability or in-service incurrence for these conditions.

The Board has granted service connection for obstructive sleep apnea as secondary to his service-connected right ankle disability and hypertension. The issues of a higher rating for the right ankle and pseudofolliculitis barbae remain remanded.

The Board has remanded several issues related to the Veteran's service connection claims, including left hand disability, left little finger disability, left knee disability, right ankle disability, bilateral foot disability, and acquired psychiatric disability. The appeals are pending due to insufficient evidence or need for further examination.

The Veteran's bilateral ankle disabilities have been rated at 10 percent for each ankle since March 26, 2013.,Effective dates prior to March 26, 2013 are not warranted as there was no pending claim and the increase in disability within a year before the March 26, 2013 claim is not factually ascertainable.

The Board has determined that the Veteran does not have a current diagnosis of bilateral shoulder numbness and tingling, cervical spine condition, right ankle condition, or bilateral foot bursitis.,Therefore, service connection for these conditions is denied.

The Veteran's left ankle condition is rated at a 10 percent rating since March 1, 2010 and denied for any higher rating since December 3, 2015.

The Board has remanded the claims of service connection for various disabilities, including a left shoulder disability, right knee disability (secondary to dislocated right ankle), left ankle disability (secondary to dislocated right ankle), and prostate condition. The Veteran is advised that he must submit a timely substantive appeal if he wishes to proceed with these matters.

The Veteran's claims of service connection for tinnitus, bilateral knee disability, eye condition and right ankle condition were not reopened due to lack of new and material evidence. The appeal for an increased rating for PTSD was granted with a higher 70 percent rating effective May 1, 2016.

The appeal is being remanded due to non-compliance with the January 2018 Remand directives. The case will be returned for further development, including obtaining a new VA addendum opinion addressing the combined effects of the Veteran's service-connected disabilities on his ability to secure or follow a substantially gainful occupation.

The Veteran's PTSD causes total occupational and social impairment, resulting in a 100% disability rating. The Board has also remanded several other service connection claims for further examination.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions and outstanding VA treatment records. The issues on appeal include back, bilateral hip, left knee, right knee, left ankle, right ankle, and respiratory disabilities.

The Board has granted service connection for the Veteran's bilateral knee and ankle disabilities on a secondary basis due to his service-connected hip disabilities.

The Board has remanded the case due to the need for updated VA treatment records and a VA examination to assess the current severity of the Veteran's service-connected disabilities, specifically PTSD, bilateral foot disability, and left ankle disability. The Veteran is seeking TDIU based on these conditions.

The Veteran's right shoulder disability, rated at 20 percent, is not entitled to a higher rating as there is no evidence of limitation of motion to between the side and shoulder level.,For his left ankle sprain residuals, the current 10 percent rating is maintained as there is no evidence of moderate or marked limitation of motion.

The Board has remanded the issues of service connection for cervical spine, right hip, left knee, left ankle, and right ankle disorders as secondary to service-connected disabilities. The Veteran's respiratory disorder is also being remanded.

The Veteran's appeal regarding a left ankle disability and hypertension was denied. The left ankle disability is rated at 10 percent, while the hypertension does not meet the criteria for a compensable rating.

The Board denied service connection for a low back disorder and a left ankle disorder, and also denied an earlier effective date for the grant of service connection for major depressive disorder with generalized anxiety disorder.

The Veteran's service-connected disabilities are severe enough to produce unemployability, and the Board has granted a TDIU rating.