Ankle decisions — 2019

The Veteran's claims for increased ratings of right-hand and right-ankle fractures residuals were denied as the evidence did not show that his service-connected disabilities prevented him from maintaining substantial gainful employment prior to September 13, 2013.

The Veteran's service-connected PTSD and ankle disability have prevented him from obtaining and maintaining gainful employment, leading to a TDIU being granted.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and his claim for TDIU is granted.

The Board found no evidence of a current left ankle disability and denied the Veteran's claim for service connection.

The Veteran's appeal is remanded for consideration of whether there was clear and unmistakable error in the February 1995 rating decision that assigned a 10 percent evaluation for his right ankle strain with degenerative arthritis and callosities. The current appeal concerns an increased rating for this condition.

The Veteran's appeal for service connection for residuals of a right ankle fracture is granted. The Board has remanded the case due to the need for additional development, including obtaining medical records and arranging for an examination.

The Board has denied service connection for a right ankle disability, PTSD, and TBI as there is no competent evidence linking these conditions to the Veteran's military service.

The Board has remanded the claims for service connection due to a lack of compliance with previous remand instructions. The Veteran's right hip, bilateral ankle, and lumbar spine disabilities are being reviewed again.

The Veteran's left ankle medial malleolus fracture has been rated at 20 percent since December 4, 2012. The rating is granted but no higher.

The Veteran's claims for service connection for left leg injury, degenerative arthritis of the left knee, and left ankle degenerative arthritis have been granted. The claim for service connection for an acquired psychiatric disorder (PTSD and MDD) is remanded.

The Board denied service connection for various conditions, including right shoulder, left shoulder, neck, ankle, foot, and sleep apnea disorders. Service connection was also denied for diabetes mellitus and an acquired psychiatric disorder. The Veteran's current diagnoses were not established during or within the applicable presumptive period.

The Board has reopened the Veteran's claim for service connection of a low back disability due to new evidence submitted. The claims for service connection of left and right ankle disabilities, as well as left and right knee disabilities, are denied. A rating in excess of 10 percent for migraine headaches is granted.

The Veteran's tinnitus is granted as service-connected. The issues of service connection for bilateral ankle tendinitis and hearing loss are remanded due to inadequate VA examination reports. Service connection for an acquired psychiatric disorder, including PTSD with anxiety disorder and unspecified depressive disorder, is also remanded.

The Board denied a higher disability rating for the Veteran's right ankle sprain with ligament tears, finding that his current limitation of motion is not more than moderate and therefore does not warrant a rating higher than 10 percent. The claim for service connection for gout was also denied.

The Veteran's right ankle disability, which was not considered a service-connected condition by the Marine Corps, led to his discharge. However, VA determined it was service-connected and impaired his entry level training. As he served 30 days or more after September 10, 2001 due to this condition, he is eligible for Post-9/11 GI Bill educational assistance.

The Board has not yet adjudicated the claims for an increased schedular rating and TDIU as they are inextricably intertwined with the claim for a left ankle disability. The Veteran's claims will be remanded to obtain updated VA treatment records, request her to submit a VA Form 21-8940, and then adjudicate these issues.

The Board has granted service connection for multi-joint arthritis and right ankle and foot disability, including as secondary to bilateral, third-degree pes planus with eversion. The Veteran's service-connected pes planus is found to have contributed to the development of these conditions.

The Veteran's claims for service connection for right and left ankle disabilities were denied as there was no evidence of a current disability related to his service or any service-connected condition.

The Board denied service connection for diverticulitis, finding that the Veteran's current disability was not incurred in or related to service and is not secondary to his service-connected GERD.,The Board granted service connection for left ankle sprain with arthropathy and instability, finding it related to service.

The Board denied a permanent rating of 60 percent for gout right and left great toe, ankle, and heel as the medical evidence did not establish that the Veteran's service-connected gout is static or has persisted without material improvement for a period of five years.