Ankle decisions — 2019

The Veteran's petition to reopen his claim for service connection of sleep apnea was granted. The right ankle disability claim is being remanded due to the lack of clear and unmistakable evidence showing it was aggravated by service.

The Veteran's service-connected bilateral pes planus with right achilles tendonitis is rated at 10 percent disabling, effective February 3, 2009. The Veteran also received a TDIU for the periods from February 3, 2009 through August 2, 2011 and from May 1, 2018 to present.

The Veteran's claims for service connection for left hip and right hip disorders, gastrointestinal disorder, anemia, higher disability ratings for ankle DJD and sural nerve neuritis of the left lower extremity, and TDIU are being remanded.,No effective date prior to August 3, 2005 is warranted as no new claim was received by VA before that date.

The Veteran's left knee and right ankle disabilities are granted as secondary to his service-connected right femur fracture.

The Veteran's appeal is remanded for additional development to obtain missing VA treatment records, SSA records, and private treatment records. A VA examination is also needed to determine the nature and etiology of GERD, as well as an addendum opinion regarding his claimed bilateral knee disorder.

The Board has remanded the Veteran's claims for service connection for an ankle disability and a foot disability, including pes planus, plantar fasciitis, and hallux valgus. The Veteran is required to provide authorization for VA to obtain her private medical records and for VA to obtain her VA treatment records. A VA examination will be scheduled to determine the nature and likely cause of any ankle and foot disabilities.

Service connection for a stomach condition, to include an ulcer and gastritis is granted. Service connection for right hip disorder, right knee disorder, right foot disorder, and left ankle disorder are remanded.

The Veteran's residuals of a right rib cartilage/muscle injury are granted as service connected. The left ankle condition is remanded for further evaluation.

The Veteran's left ankle sprain is rated at 10% prior to February 7, 2018 and at 20% since that date. The Board finds the symptoms more nearly approximate moderate limitation of motion prior to February 7, 2018, and marked limitation of motion since then.

The Veteran's claim for service connection for a headache disorder is granted.,The Veteran's claim for service connection for a left ankle disorder is denied.

The Board has remanded several issues related to the Veteran's service connection claims, including for TBI, Alzheimer’s disease, headaches, low back disability, left knee disability, right knee disability, right ankle disability, and heart disability. The hearing loss claim is also being remanded.

The Veteran's initial evaluations for right and left ankle strains were granted at 20 percent, but no higher. The claim for an increased evaluation of major depressive disorder was also granted.

The Board denied earlier effective dates for service connection due to the Veteran's withdrawal of his claims and subsequent submission of new evidence.

The Veteran's request for a higher rating of his service-connected right ankle disability is granted, with the maximum allowable rating of 20 percent.

The Board has remanded the Veteran's claim for service connection of his left ankle condition due to insufficient evidence in the record. The Veteran reported an injury during active duty that resulted in chronic pain and swelling, which he believes is related to his military service.

The Board denied service connection for chronic fatigue syndrome, fibromyalgia, left ankle condition, left foot condition, jaw condition, and skin disorder (to include psoriasis and tinea pedis) as the evidence did not support a finding of a qualifying chronic disability under 38 U.S.C. § 1117 or 38 C.F.R. § 3.317.,The Board also denied service connection for hypertension, stating that there was no objective evidence of a qualifying chronic disability and the Veteran's hypertension did not manifest to a compensable degree within the applicable presumptive period.

The Veteran's right ankle disability is granted a 20% evaluation, but the issue of TDIU prior to March 22, 2012 remains on appeal.

The Board has dismissed all claims for service connection and increased ratings, as the Veteran withdrew his claims in writing.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's service connection claim for a severe left ankle sprain. The VA needs to verify her Reserve Service, obtain her military personnel records, and schedule an appropriate VA examination of her left ankle.

The Veteran's appeals for increased ratings and service connection were partially denied. His hypertension was not rated higher than 10%, his tension headaches did not meet the criteria for a compensable rating, and his right ankle disorder could not be linked to service due to lack of evidence.