Ankle decisions — 2019

The Veteran's appeal for restoration of a 10 percent disability evaluation for left-ankle disorder from October 1, 2014 through August 4, 2015 was denied. The appeal for an initial compensable rating for bilateral-foot skin disorder was also denied.

The Veteran's claim for a right ankle condition is remanded due to the possibility of aggravation by service-connected left lower extremity conditions.,The Veteran's claim for a left index finger deformity is granted as his condition is at least as likely as not related to an in-service accident.,The Veteran's claim for sleep apnea is remanded as VA opinion is necessary to determine its etiology.,The Veteran's claim for a right eye condition (right eyelid cyst) is remanded due to the lack of clear evidence.

The Board has remanded the case due to the need for a VA examination to determine if the Veteran has a right ankle disorder and whether it is related to service.

The Veteran's claims for service connection for various conditions have been denied. The Board found no new and material evidence to reopen the cervical spine disorder claim, as there was no etiological opinion linking the current condition to military service.,For the lumbar spine disorder, the Board also found no new and material evidence, as the Veteran's statements did not provide any additional information or opinions regarding a link between his military service and the diagnosed condition. The same conclusion was reached for other conditions such as left knee, right knee, left ankle, right ankle, left foot, right foot, cardiomegaly, hernia disorder, and gastroesophageal reflux disease (GERD).

The Veteran's right ankle DJD was denied a rating more than 10 percent prior to May 25, 2018 and a rating of 30 percent after that date.

The Board has remanded the claims for service connection due to the need for additional evidence, including private medical records and VA treatment records. The Veteran's left ankle and foot disabilities are being reviewed again as new and material evidence may have been received. His blood disorder is also under review.

The Board found that the Veteran's service-connected conditions, including PTSD and other disabilities, do not render him unable to secure or maintain substantially gainful employment. The decision is denied as his unemployability is primarily due to a non-service connected stroke.

The Veteran's service connection claims for herniated disc, lumbar spine and thoracic spine degenerative arthritis, bilateral lower extremity radiculopathy, left shoulder degenerative arthritis and rotator cuff tear, bilateral ankle disability, and left flatfoot (pes planus) have all been granted. The initial ratings are 10% for rib pain status post fracture, with no higher.

The Board has reopened the claim of service connection for synovitis of the right ankle and granted it. The claims for vascular insufficiency and edema in the right lower extremity, back condition, and right knee condition are still pending.,Service connection was denied for vascular insufficiency and edema in the right lower extremity due to lack of evidence linking the condition to service.

The Board has remanded the claims for service connection due to insufficient evidence and need for further examination. The Veteran's right ankle disability, dizziness, and migraine headaches are being reviewed.

The Veteran's right ankle disorder is rated at 20 percent, the maximum under Diagnostic Code 5271. The Board found that the current rating adequately reflects the Veteran's symptoms and disability level.

The Veteran's lumbar spine, cervical spine, radiculopathy of the lower extremities, and bilateral ankle disabilities are all granted service connection.,Service connection is also granted for the Veteran's right wrist disability, bilateral hearing loss, tinnitus, and major depressive disorder.

The Board has determined that additional development is necessary to properly adjudicate the Veteran's service connection claims, including obtaining updated VA treatment records and conducting new examinations. The Veteran's hearing loss disability claim also requires a new examination.

The Board has remanded several issues related to the Veteran's service connection claims, including left ankle disorder, cervical spine disorder, lumbar spine disorder, headaches, and radiculopathy of upper and lower extremities. The Veteran was not provided with a VA examination for these conditions and additional evidence is needed.

The Board denied service connection for osteoarthritis of the bilateral hands and other joints, finding no evidence that these conditions were incurred in or related to active service. The TDIU claim was granted as the appellant's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation.

The Board denied service connection for left shoulder and bilateral knee disabilities, finding no current disability or in-service event related to these conditions.

The Veteran's claims are being remanded for additional development, including a new VA examination and issuance of an SOC regarding increased rating claims.

The Board has granted the reopening of the claim for service connection for lumbar spine disability. The claims for left ankle, left knee, recurrent chest pain, bilateral shoulder, neck, and bilateral hip disabilities are denied as there is no evidence showing a current disability or that any such disabilities are related to service. Service connection for allergic rhinitis, sinus bradycardia, stomach disability, facial cellulitis, scalp dermatitis, headache, and bilateral upper extremity radiculopathy is also denied.

The Board denied the Veteran's claims for service connection for bilateral ankle arthritis, bilateral hip arthritis, left knee degenerative arthritis, and right hand/fingers degenerative arthritis as secondary to his service-connected inflammatory arthritis. The preponderance of evidence failed to establish a nexus between these conditions and active service.

The Veteran's claim for service connection for a right knee condition is denied as there is no evidence of a current disability and the preponderance of the evidence does not support an in-service injury.,The Veteran's claim for increased ratings for left knee and ankle conditions are both denied as the preponderance of the evidence does not show that his disabilities meet or approximate the criteria for higher rating.