Ankle decisions — 2019

The Veteran's claim for an earlier effective date for nonservice-connected pension benefits is remanded due to conflicting evidence regarding his income and employment during the appeal period from April 16, 2003 to April 12, 2011. The AOJ must assess his level of disability and determine whether he meets the net worth and income requirements for nonservice-connected pension benefits.

The Board has granted service connection for a left ankle disability and dismissed the claim for bilateral hearing loss. The back condition claim is remanded for further development.

The Board has granted the Veteran's application to reopen his previously denied claims for service connection for narcolepsy, bilateral knee disability, bilateral ankle disability, bilateral wrist disability, depression, hypertension and abnormal heartbeat, left ear hearing loss, and migraine headaches.

The Veteran's left ankle disability was initially rated at 10 percent prior to March 5, 2018. From that date onwards, the disability is now rated at 20 percent.

The Board has determined that there is no current evidence of a left shoulder disability, left wrist disability, cervical spine disability, or right finger numbness related to service.,There is also no current evidence of a left and/or right knee disability or colitis related to service.

The Veteran's service-connected disabilities did not meet the criteria for a total disability evaluation based on individual unemployability due to service-connected disabilities from June 27, 2009, to September 7, 2013. The assigned schedular evaluations were found adequate and no referral for extraschedular consideration was required.

The Board has dismissed the appeals for service connection and rating for left ankle sprain and left knee degenerative arthritis due to the death of the appellant.

The Veteran's claims for service connection for an acquired psychiatric disorder, sleep apnea, lumbar spine disorder, hypertension, and chronic headache disorder are granted. The claim for a right foot disorder (excluding residuals of a right ankle fracture) is denied.

The petition to reopen the claims for service connection for PTSD, bipolar disorder with alcohol dependence, left knee disability, right knee disability, lumbar spine DDD, left ankle condition, and right ankle condition is granted. The Board found new and material evidence in some of these cases.

The Board has remanded several issues for further development and examination, including service connection claims for various conditions.

The Board has remanded the case due to inadequate medical opinion regarding whether the Veteran's right ankle disorder was aggravated by service. The VA needs to provide a new opinion addressing the nature and etiology of the Veteran’s right ankle disorder, specifically considering his service entrance and release examinations.

The Veteran's skin disability, headache disorder, and right hip disability were granted initial ratings. The left ankle and right ankle disabilities were denied increased ratings.

The RO reduced the Veteran's right-ankle disability rating from 20 percent to 0 percent, effective May 1, 2014. The Board found that this reduction was not in accordance with applicable law and vacated it, restoring the 20 percent rating.

The Veteran's claims for left leg, right leg, left hip, right hip, left ankle, and right ankle disabilities are denied as there is no current disability.,The Veteran's claim for a sleep disorder is denied as the examiner found no current disability.

The Board has reopened the claim for service connection for a low back disability due to new and material evidence received since the February 2001 rating decision. The Veteran's current diagnosis of osteoarthritis in the thoracolumbar spine is considered new and material.,For his right ankle disability, the Board finds that the Veteran has not provided competent medical evidence linking his current condition to service. He underwent a VA examination which found no chronic residuals from an ankle sprain during service.

Bilateral hearing loss and chronic/recurrent right ankle strain are granted as service-connected.,Left knee arthritis, bunion and metatarsalgia of the right foot, bronchitis, and sinusitis are granted as secondary to service-connected right knee disability.,Left foot disability is denied.,Headaches are denied.

The Board has denied the Veteran's petition to reopen his claim for service connection for a left ankle disorder due to lack of new and material evidence. The Board also remanded the issue of service connection for an acquired psychiatric disorder, including PTSD, insomnia, depression, and anxiety.

The Board has denied the Veteran's claims for service connection for left ankle and lumbar spine disorders. The case is remanded to obtain additional medical evidence and to schedule VA examinations for further evaluation of his claimed conditions.

The Veteran's acquired psychiatric disability has been granted a 50% initial rating, effective January 1, 2010. He is also granted TDIU based on his service-connected disabilities. The claims for service connection of the right knee disorder, bilateral ankle disorder, residuals of an intestinal infection, and headache disorder have been withdrawn due to the grant of benefits.

The Veteran's appeal for an earlier effective date of compensation for service-connected arteriosclerotic cardiovascular disease is denied.,Service connection for a lumbar spine condition and bilateral ankle conditions are both denied.,The Veteran's claims for service connection for bilateral shoulder, knee, and foot conditions are remanded to allow for further development.