Ankle decisions — 2019

The appeal to reopen the claim of service connection for a neck disability is allowed.,The application to reopen the claim of entitlement to service connection for a right knee disability is denied.,The application to reopen the claim of entitlement to service connection for a right ankle disability is denied.,The application to reopen the claim of entitlement to service connection for a scar of the left eye is denied.,The application to reopen the claim of entitlement to service connection for a right eye disability, to include insignificant retinal pigment deposits and myopic astigmatism in the right eye (also claimed as benign neoplasm of chorial nevus) is denied.,As new and material evidence has been received to reopen the claim of service connection for a left eye disability, other than a scar of the left eye and to include insignificant retinal pigment deposits and myopic astigmatism in the left eye (also claimed as benign neoplasm of chorial nevus), the appeal to this extent is allowed.,The application to reopen the claim of entitlement to service connection for hemorrhoids is denied.,The application to reopen the claim of entitlement to service connection for a left elbow disability, also claimed as nerve damage, is denied.,Entitlement to service connection for an acquired psychiatric disorder (PTSD), to include alcohol abuse, anxiety condition, drug abuse, memory loss, mental disorder, and major depression, is denied.

The Veteran's claims for increased ratings for cervical spine DJD and DDD, lumbosacral strain with DJD and DDD, left ankle sprain with ruptured Achilles tendon, allergic rhinitis, right lower extremity varicose veins, left lower extremity varicose veins, left upper extremity radiculopathy (likely Cervical Spine), right upper extremity radiculopathy (likely Cervical Spine), and left lower extremity radiculopathy (likely Cervical Spine) have all been denied. The Veteran's PTSD claim has also been denied.

The Veteran's appeals for increased ratings of his left ankle disability, back disability, and hypertension have been denied. The Board found that the evidence did not support a higher rating based on functional loss or other factors.

The Veteran's appeal of service connection for tinnitus is dismissed as he has withdrawn the claim. The appeals for service connection for left and right ankle conditions are remanded.

The petition to reopen the previously denied claim of entitlement to service connection for asthma is granted. The claims for service connection for left and right shoulder, wrist, hip, ankle, and knee disabilities are remanded.

The Board has remanded the service connection claims for low back and bilateral ankle disabilities, as well as the claim for diabetes mellitus due to Agent Orange exposure. The TDIU claim is also inextricably intertwined with these issues.

The Board has determined that a remand is necessary to obtain additional medical records and provide an addendum opinion regarding the etiology of the Veteran's right ankle disability.

The Veteran's back disability is rated at 20% prior to July 11, 2017 and denied a rating greater than 20%. Beginning July 11, 2017, the Veteran's back disability is rated at 40%, which is denied.,The Veteran's right ankle sprain is not assigned a compensable rating.

The Veteran's right ankle shrapnel wound residual scar is granted as service connection, with the Board finding it reasonably shown that he has a scar from his in-service injury.

The Veteran's claims for increased ratings for back and right ankle disabilities are being remanded due to his failure to appear for scheduled VA examinations. The examinations will be rescheduled, and the Veteran will need to provide good cause for not appearing.

The Veteran's diabetes mellitus type II is granted as presumptively service-connected due to herbicide exposure.,Osteomyelitis of the right foot and ankle is granted as secondary to service-connected diabetes mellitus type II.,Service connection for cancer and removal of the bladder is remanded.

The Veteran's right heel spur and PTSD are granted service connection, while the remaining issues related to shoulder arthritis, ankle arthritis, cervical strain with spasms, ring finger fracture, and pseudofolliculitis barbae are remanded for further evaluation.

The Board has granted service connection for migraine headaches. The remaining issues of service connection have been remanded.

The claim for service connection of a right ankle disorder is reopened. The claims for service connection of a back disorder and left leg radiculopathy are remanded.

The Board denied service connection for numbness, tingling, and pain in the left arm and left ankle and leg as claimed due to an undiagnosed illness or medically unexplained chronic multi-symptom illness. The Board found that there was no evidence of a nexus between these conditions and active duty service.

The Board denied service connection for various conditions, including left and right ankle disabilities, lumbar spine disability, knee disabilities, hip disabilities, foot disabilities, diabetic retinopathy, shoulder disabilities, cervical spine disability, heart disorder, and psychiatric disorders. The evidence did not support a finding of in-service incurrence or aggravation of any of these conditions.

The Board has granted service connection for polio residuals of the lower left leg, including multiple scars on the left ankle and a left foot crush injury. The Veteran's pre-existing condition was found to have existed prior to service and worsened during service.

The Veteran's heel spur syndrome is at least as likely as not caused by his service-connected plantar fasciitis, and the Board grants service connection for this condition. The issue of service connection for a bilateral ankle disorder remains pending due to unclear functional impairment.

The Veteran's claims for service connection for left-hand, right-hand, left ankle, right ankle, left foot, and right foot conditions have been dismissed.,The Veteran's claim for an initial compensable rating for sinusitis has also been dismissed.

The Board has determined that further development is needed for all issues as the remand directives in the August 2018 have not been complied with. The Veteran's claims are being returned to the AOJ for additional development.