Ankle decisions — 2019

The Board has remanded the case due to incomplete service treatment records and the need for a VA examination to determine if the Veteran's right ankle condition is related to his military service.

The Veteran's claim for a chronic right ankle sprain and secondary service connection for right foot plantar fasciitis are both granted. The decision also confirms the Veteran's service-connected status for his right ankle condition.

The Board denied the Veteran's claim for service connection for a left ankle disability, finding that it was not incurred or aggravated by service and is unrelated to his service-connected bilateral pes planus.

The Board has denied the Veteran's claims of service connection for various conditions, including left shoulder condition, lower back condition, right shin splint, left shin splint, and right ankle condition. The evidence does not support a finding that these conditions were incurred or aggravated during active military service.

The Veteran's claim for service connection for a right ankle disability has been denied as there is no evidence of an in-service injury or disease, and the condition does not meet the criteria for direct service connection.,Service connection for right lower extremity sciatica prior to March 14, 2016, has also been denied. The Veteran's claim was remanded multiple times but did not provide sufficient evidence of a pre-existing condition or an in-service injury that led to his current symptoms.

The Veteran's claims for bilateral hearing loss, right ankle disability, hypertension, and lumbar spine disability were denied. The Board found that the Veteran did not have a current hearing loss disability for VA compensation purposes, his right ankle disability was rated at its maximum of 20 percent under DC 5271, his hypertension met criteria for a 60 percent rating but no higher, and his lumbar spine disability warranted an initial 60 percent rating. The Veteran's claims were not remanded.

The Veteran's PTSD is currently rated at 30 percent prior to January 5, 2017 and 70 percent thereafter. The Board has found the evidence does not support higher ratings for this condition.,For the period beginning on January 5, 2017, the Veteran's PTSD is rated at 70 percent. The Board has found that the evidence does not support a higher rating of 100 percent as total occupational and social impairment is not shown.

The Veteran's claim for service connection for tinnitus was denied as there is no evidence of current disability or in-service injury.,Service connection for depressive disorder, NOS was granted with an effective date of December 14, 2010. The Veteran did not file a claim prior to this date.

The Board denied service connection for left toe, foot and ankle gout as there was no evidence of a current disability that manifested during service.

The Veteran's appeal is remanded for further development regarding his claims of earlier effective date for bilateral hearing loss, initial increased evaluation for bilateral hearing loss, and compensation under 38 U.S.C. § 1151 for residuals of delayed treatment for blood poisoning.

The Veteran's depression disorder is granted as secondary to his service-connected disabilities. His atrial fibrillation disability is rated at 100% since August 9, 2012 due to chronic congestive heart failure and regurgitation valves. Other conditions are denied or not addressed.

The Veteran's appeals for higher ratings and service connection have been withdrawn. The Board has remanded several issues including bilateral tinnitus, left hand disability, cervical spine disability, left ankle disability, residuals of latent TB, and an acquired psychiatric disability.

The Board has remanded the Veteran's claims for service connection for right knee, left leg, and right ankle conditions due to her failure to report for scheduled VA examinations. The RO is instructed to attempt to obtain private treatment records and provide the Veteran with a VA examination.

The Board denied the Veteran's claims for service connection of right knee disorder, left knee disorder, right ankle disorder, and sinusitis due to lack of new and material evidence. The reduction in disability rating from 10% to noncompensable for hearing loss was also upheld.

The Veteran's left ankle disability has been rated at 40 percent since January 3, 2006. The Board granted a higher rating for the entire appeal period.

The Veteran's appeal includes issues related to service connection, increased ratings for his disabilities, and a TDIU. The Board has expanded the appeal to include these issues. The right ankle disability issue is remanded due to lack of an examination and potential VA treatment records not in the file.

The Veteran's claims for increased disability ratings and TDIU are being remanded due to the need for additional medical records, including VA treatment records and employment information.

The Board has remanded the Veteran's claims for service connection for left wrist, left ankle, and bilateral hearing loss disabilities due to outstanding treatment records and need for new examinations.

The Board has decided to remand several service connection claims due to inadequate notice and the need for additional medical examinations.

The Board has decided to remand the Veteran's claims for increased ratings for left knee and left ankle disabilities due to the need for updated VA examinations.