Ankle decisions — 2019

The Veteran's service-connected disabilities, when evaluated in association with his educational attainment and occupational experience, preclude gainful employment. The Board grants entitlement to a total disability rating based on individual unemployability due to service connected disabilities (TDIU) effective November 4, 2012.

The Veteran's service-connected disabilities do not prevent him from obtaining or maintaining substantially gainful employment.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran is currently receiving the maximum schedular rating for his bilateral intermetatarsal neuritis, but granted a separate rating of 10 percent for moderate incomplete paralysis of the posterior tibial nerve. The left ankle disability and tinea pedis claims are remanded due to inadequate opinions in the previous VA examinations.

The Veteran's claims for an initial rating for a left ankle disability and TDIU are being remanded due to the need for additional examinations and development of his employment information.

The Board denied service connection for right shoulder, right ankle, and bilateral hearing loss disabilities. It also denied increased ratings for COPD, radiculopathy of the left lower extremity, and residuals of a thoracic spine fracture.

The Board has determined that a remand is necessary to obtain an adequate VA examination and opinion regarding the Veteran's left ankle sprain, as it may be related to his service-connected right foot condition.

The Veteran's claims for service connection were granted, and a rating of 10% was assigned for his left ankle strain. The effective date remains prior to October 4, 2016.

The Veteran's claims for bilateral hearing loss, neurocognitive disorder, left foot condition, status post right foot infection, allergic rhinitis, chronic bronchitis, degenerative joint disease of the left shoulder, degenerative joint disease of the right shoulder, degenerative joint disease of the left elbow, degenerative joint disease of the right elbow, degenerative joint disease of the left hand, degenerative joint disease of the left hip, degenerative joint disease of the right hip, degenerative joint disease of the left knee, degenerative joint disease of the right knee, degenerative joint disease of the left ankle, and degenerative joint disease of the right ankle have been reopened. The Veteran's claims for cervical spine condition and lower back condition were not reopened.

The Board has remanded the Veteran's claims of service connection for left ankle/cellulitis and right hip conditions due to insufficient evidence. The Veteran is also being asked to provide any relevant treatment records from H.C.P. and Catholic Charities, as well as a copy of Dr. A.I.'s report.

The Veteran's service-connected right ankle disability is being remanded for a current examination to determine its severity. Additionally, the claim for TDIU will be sent and adjudicated if returned.

The Veteran's claims for increased ratings for lumbar spine, right ankle, and left knee disabilities were denied. The effective dates for the increased ratings for the left knee disability are not established.

The Veteran's bilateral ankle disabilities have been granted increased schedular ratings of 20 percent each, effective from the date of the decision.

The Veteran's left ankle disability is granted a 20 percent rating, but no more, from December 13, 2016. The claims for compensation under 38 U.S.C. § 1151 are remanded due to the need for medical opinions regarding causation and foreseeability.

The Veteran withdrew his appeal for service connection of a left ankle disorder, including edema, pain, numbness, and weakness.

The Board denied service connection for arthritis, tendonitis, bilateral shin splints, left shoulder, right shoulder, left knee, right knee, left ankle, right ankle, carpal tunnel syndrome of the left wrist and carpal tunnel syndrome of the right wrist disabilities due to lack of evidence linking these conditions to service.

The Veteran's appeal for service connection for left ear hearing loss and entitlement to total disability rating based on individual unemployability (TDIU) have been dismissed as the issues were withdrawn by the Veteran's authorized representative.

The Board denied the Veteran's claims for service connection for various conditions, including back pain, heart condition, hypertension, bilateral diabetic peripheral neuropathy of the feet, and several musculoskeletal disabilities. The Board found that there was no evidence to support an in-service onset or aggravation of these conditions.

The Veteran's service-connected conditions were denied as they were not incurred in the line of duty due to his own willful misconduct during a motor vehicle accident (MVA). The claims for higher ratings for migraine headaches and traumatic brain injury (TBI) are also denied.

The Veteran's appeal for a higher rating for tinnitus has been denied as the condition is already at its maximum schedular rating.,The Veteran's claim for an earlier effective date for service connection of tinnitus has also been denied, as there was no prior claim within one year of separation from service.

The Veteran's claims for service connection for various joint and tinnitus disorders have been denied as the evidence does not support a link between his current conditions and his military service.