Ankle decisions — 2019

The Board has remanded the Veteran's claim for an evaluation in excess of 10 percent for his service-connected right ankle sprain due to a lack of recent medical records and the need for further examination.

The Veteran's service-connected disabilities, particularly PTSD, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted TDIU based on the schedular criteria.

The Board has remanded the case due to inadequate compliance with previous remand directives and a need for an addendum opinion regarding the etiology of the Veteran's right ankle disability.

The Board has denied the Veteran's claims for service connection for right ankle, left ankle, and sinusitis disabilities. The knee disability claims are remanded due to a duty to assist error.

The Board has denied service connection for a right hand disability due to lack of current disability. The issues of service connection for left ankle, right knee, and left knee disabilities are remanded as additional VA treatment records may be relevant.

The Board has denied the Veteran's claims for service connection of bilateral shoulder and elbow disabilities. The decision is final as these conditions have not been diagnosed or shown to be related to service.,For the remaining issues, including left ankle, knee, and hip disabilities, the Board has found that VA needs to provide a medical examination to determine if there are current disabilities and whether they are related to service.

The Board has remanded several issues related to the Veteran's service connection claims, including TBI with vertigo, left hip disability, right hip disability, left ankle disability, and scalp neuropathy. The matters will be returned for further development.

The Veteran's claims for service connection for depressive disorder and right ankle disorder are granted. The effective date for the grant of service connection for a facial scar is set at December 11, 2012.

The Veteran's headaches, low back disability, right hip disability, left hip disability, right knee disability, left knee disability, and right ankle disability are all granted as secondary to his service-connected left ankle disability.

The Veteran's allergic rhinitis is not manifested by nasal polyps, greater than 50 percent obstruction of the nasal passage on both sides or complete obstruction on one side. The Veteran’s gender dysphoria warrants a 50% evaluation.,The Veteran does not have a current diagnosis of right ankle disability and has not had one at any time during the pendency of the claim or recent to the filing of the claim. The Veteran's left ankle condition is remanded for clarification and medical opinion.

The Veteran's major depressive disorder and right ankle disability have been granted service connection, with a 20 percent rating for the right ankle. The issue of entitlement to TDIU has been remanded.

The Board has determined that the Veteran's bilateral hearing loss is not related to service, and his right ankle disability may be secondary to a service-connected knee disability. The respiratory disorder associated with radiation exposure remains under consideration as there are insufficient medical opinions available.

The Board has found that additional development is necessary to comply with VA's duty to assist before a final adjudication of the Veteran's claims can be accomplished. The Veteran’s service treatment records show treatment and diagnoses for some of the claimed conditions, but there are gaps in her medical history since she left active military service.

The Veteran's claims for service connection are remanded due to insufficient evidence regarding the etiology of his joint disabilities.

The Veteran's claim for service connection for PTSD and a left ankle condition is being remanded due to the need for additional medical opinions. The current evidence does not support a diagnosis of PTSD, and the left ankle issue requires further consideration based on the Veteran's lay statements.

The Veteran is found to be unemployable due to his service-connected disabilities, including PTSD and diabetes mellitus type II, prior to March 1, 2019.

The Board has granted service connection for right shoulder disorder, low back disorder, right knee disorder, left knee disorder, right ankle disorder, left ankle disorder, bilateral hearing loss, and tinnitus. The Board found that these conditions are at least as likely as not related to the Veteran's military service.

The Veteran's appeals for increased ratings in excess of 10 percent for left ankle ligament strain, right knee patellofemoral syndrome with meniscus tear (previously 5257 right knee condition), and lumbar strain and degenerative joint disease have been dismissed as the appeal is not properly before the Board.

The Board has remanded the cases for further development and examination as there were errors in the pre-decisional duty to assist. The Veteran's claims of service connection are not supported by the evidence.

The Veteran's claims for increased ratings for his right ankle disability were denied. Prior to August 27, 2019, the Veteran was granted a rating of 10 percent and after that date, he was granted a rating of 20 percent.