Ankle decisions — 2019

The Veteran's claims for an increased evaluation for left ankle instability and TDIU are being remanded due to the need for additional development, including obtaining a medical opinion regarding the severity of his left ankle instability.

The Board denied service connection for the cause of the Veteran's death due to a homicide, finding that bipolar disorder did not contribute to his death. The preponderance of evidence does not support a link between the Veteran’s service-connected conditions and his death.

The Veteran's service connection claims for various conditions were denied. The appeals are not about service connection at all, but rather increased ratings and remand of certain issues.

The Veteran's appeal for a rating in excess of 10 percent for his right ankle disability is dismissed. The Veteran was granted TDIU benefits due to service-connected disabilities.

The Board denied the Veteran's claims for service connection for right-ankle sprain and left-ankle sprain, including as secondary to right-ankle sprain. The evidence did not establish a nexus between the current ankle conditions and service.

The Board has denied the Veteran's claims of service connection for various conditions, including a right ankle disability, lower back disability, rectum disability, bilateral foot disability, and nutritional deficiency disability. The Board found no evidence of current diagnoses or functional impairment related to these conditions.

The Board has determined that additional VA examinations are needed to address the Veteran's claims for service connection and an increased rating. The claims will be remanded for these purposes.

The Veteran's kidney condition, characterized by kidney stones, is granted as service connected. The issues of service connection for degenerative arthritis of the right shoulder, left shoulder acromioclavicular joint arthritis, a spine condition (back injury), right knee condition, and right ankle condition are remanded.

The Board has remanded multiple issues related to the Veteran's service connection claims due to incomplete medical records and unverified in-service stressors.

The Board has granted service connection for left ankle arthralgia and left knee degenerative arthritis as due to service-connected right knee disabilities, resolving all reasonable doubt in favor of the Veteran.

The Veteran's right knee degenerative joint disease was granted service connection effective September 5, 2006. The Board found that the claim for service connection had been pending since September 23, 2003 and entitlement to benefits was demonstrated as of that date.

The claim for service connection of the Veteran's right knee and right ankle conditions has been reopened, but the Board finds that additional opinions are needed to determine if these conditions were caused by or aggravated by her service-connected left knee and right foot disabilities.

The Veteran's claims for service connection for tinnitus, bilateral hearing loss disability, and migraine headaches have been granted. The right ankle disability claim has been dismissed, as the Veteran withdrew it from appeal. The acquired psychiatric disability other than PTSD claim has also been dismissed. For the entire appeal period, a 50% rating is assigned for migraine headaches.

The Board has remanded the issues of higher initial ratings for left knee strain, right knee degenerative arthritis, residuals of a right ankle injury, and bilateral pes planus. The issue of entitlement to a Total Disability Rating Based on Individual Unemployability (TDIU) prior to March 28, 2017 is also remanded due to its inextricably intertwined nature with the above issues.

The Veteran's claim for a higher rating of his left ankle disability is granted, effective December 13, 2016. The Board found that the evidence showed marked limitation of motion in the ankle.

The Veteran's TDIU claim is denied as her service-connected disabilities do not render her unable to secure or follow substantially gainful employment.

The Veteran's claims for service connection for a left ankle and low back disability were denied as the effective date cannot be earlier than February 12, 2016.

The Board denied service connection for various elbow, hand, ankle, and foot disabilities as there was no competent evidence linking these conditions to the Veteran's military service.

The Veteran's claim for service connection of right knee condition has been granted. The Veteran's claim for an increased rating in excess of 10 percent for his right ankle limitation of motion is denied.

The Board has determined that a VA examination is needed to assess the current severity of the Veteran's service-connected right ankle disability, as well as to determine if an evaluation in excess of 10 percent or 20 percent should be assigned.