Ankle decisions — 2019

The Veteran's appeal is remanded due to the need for additional examinations and assessments of his service-connected conditions, particularly regarding functional loss during flare-ups.

The Veteran's claims for increased ratings and earlier effective date for right ankle osteoarthritis were denied. The initial rating of 10% was granted on November 6, 2001.

The Board denied the Veteran's request for additional vocational rehabilitation and employment benefits, including a change in his long-range goal to obtain a master’s degree in Physics. The decision concluded that achieving maximum rehabilitation gain (MRG) had been met and that changing the long-range goal would not be more likely to improve his situation.

The Veteran's claims are being remanded due to incomplete records, including Social Security Administration (SSA) disability benefits and VA treatment records. The SSA records and all relevant VA treatment records from October 2012 to present must be obtained and associated with the Veteran’s file.

The Veteran's service connection claims for hearing loss, right elbow disorder, headaches, right and left knee disorders, a right ankle/leg disorder, low back disorder, and psychiatric disorder are all denied as there is no evidence of current disabilities or a link to service.

The Veteran's service connection claims for left hip and right ankle disorders are remanded due to lack of substantial compliance with previous Board directives. The Veteran is also being remanded for a new VA examination regarding her right knee disability, as well as for addendum opinions on the secondary nature of her hip and ankle conditions.

The Veteran's claims for furuncles, migraines, right ankle strain, and right knee strain with shin splints have been remanded due to the need for further investigation into the timing of his initial claim.

The Board has reopened the Veteran's service connection claims for cervical spine disorder, thoracolumbar spine disorder, left ankle DJD, right ankle DJD, left knee DJD, right knee DJD, left shoulder DJD, and right shoulder DJD. The new evidence provided reasonable possibility of substantiating these claims.,The Board has also reopened the Veteran's service connection claim for muscle spasm disorder, IBS, and osteoporosis. However, no rating assigned or effective date was determined as these claims are still pending.

The Board has remanded the case for further development and examination, including obtaining an opinion on whether bilateral pes planus is related to service. The Veteran's other claims for increased ratings are also being remanded.

The Veteran's claim for a higher level of SMC was denied as he does not meet the criteria for loss or use of both feet, legs, or significant disabilities requiring aid and attendance.

The Board has denied increased ratings for the Veteran's right shoulder and left ankle disabilities, but has granted a higher rating of 40% for the right shoulder disability from April 1, 2019. The case is REMANDED to consider the Veteran's TDIU claim.

The Board denied the Veteran's claims for service connection for cervical spinal cord injury with residual bilateral upper extremity paresis, left ankle condition, right ankle condition, right knee condition, and residuals of a head injury. The decision was based on the lack of current disability for these conditions.

The Board has remanded the claims for a bilateral ankle disorder and tinnitus due to incomplete medical records and failure to obtain an adequate opinion regarding the etiology of the Veteran's tinnitus.

The Board has remanded the claims for increased ratings for right shoulder sprain, right wrist sprain, and right ankle sprain due to a lack of an SSOC. The issue of service connection for a stomach/esophageus disorder is also remanded as it requires a VA addendum opinion.

The Veteran's claims for acid reflux, cervical spine disorder, upper extremity cervical radiculopathy, shoulder disorder, knee disorder, and obstructive sleep apnea have been denied as new and material evidence has not been presented to reopen these previously denied claims.,Service connection for costochondritis was also denied due to lack of a nexus between the condition and active service.

The Veteran's claim for a low back condition has been reopened and remanded. The claims for muscle pain, joint pain, bilateral ankle pain, bilateral knee pain, and chronic fatigue syndrome have also been remanded.

Service connection for chest pain has been granted. Service connection for arthritis of the left and right ankles, elbows, hands/fingers, toes/feet, and wrists remains pending.,An effective date of August 24, 2012 is granted for service connection for PTSD.

The Board has remanded the claims for a VA examination to determine if the Veteran experiences marked or moderate loss of motion in his right and left ankle disabilities, as well as any instability or deformity.

The Veteran's claim for a higher rating for Major Depressive Disorder (MDD) has been granted, and he is also entitled to TDIU based on his service-connected disabilities. The MDD symptoms have resulted in occupational and social impairment with deficiencies in most areas.

The Veteran's service-connected mixed connective tissue disease (Marfan syndrome) has been granted separate ratings for multiple joint disabilities, including right and left knee pain and limited flexion, right and left ankle pain and limited range of motion, right and left hand/finger pain and limited range of motion, and lumbar spine degenerative disc disease.