Ankle decisions — 2019

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's left ankle disability, including its etiology and relationship to service-connected conditions.

The Board dismissed the appeals for service connection of various conditions, including a respiratory disorder, fatigue, hypothyroidism, low back disorders, right and left knee disorders, left ankle disorders, left foot disorders, and right foot disorders. Service connection was granted for tinnitus.

The Veteran's left ankle disability has been rated at 10 percent for the entire appeal period, as it does not more nearly approximate marked limitation of motion.

The Veteran's claim for a higher rating for posttraumatic stress disorder was denied, and the Board found that he is not unemployable due to his service-connected disabilities from March 30, 2010.

The Board has remanded the claim for service connection of bilateral ankle disability due to inadequate examination and conflicting medical records. The Veteran's representative noted that lay statements may support the presence of pain as a disability, and the Veteran should be asked to provide a statement of any injuries to ankles in active or inactive duty.

The Board has reopened the claims for service connection for nausea, GERD, and a stomach condition distinct from GERD and nausea. The appeals are now remanded to determine if these conditions are related to service.

The Board has determined that the Veteran's claimed conditions are not service-connected due to lack of evidence showing a nexus between his current disabilities and military service.

The Veteran's claims to reopen for entitlement to service connection for a heart murmur (now claimed as a heart condition) and a left ankle disorder are granted. The Veteran is denied service connection for vertigo, bilateral knee disorder, sleep apnea, chronic athlete’s foot, radiculopathy of the lower extremities, and lumbosacral strain.

The Board has remanded the case for additional examinations to determine the nature and etiology of various psychiatric, digestive, musculoskeletal, and skin conditions claimed by the Veteran. The claims will be reviewed again after these examinations.

The Board has denied a rating in excess of 20 percent for the Veteran's left ankle disability and remanded his claims for service connection for residuals of stroke and SMC based on need for aid and attendance. The case is being returned to VA for further development.

The Veteran's service-connected disabilities meet the percentage requirements for consideration of TDIU, and his unemployability is due to his service-connected conditions. The Board granted TDIU based on the evidence showing that the Veteran's mental and physical disabilities make him unable to secure or follow substantially gainful employment.

The Board has decided to remand the Veteran's claims for increased evaluations for PTSD, right ankle and knee disabilities, and prostate cancer residuals. The Veteran is also being asked to provide updated treatment records and undergo VA examinations to assess his current disability levels.

The Board has decided to remand the cases due to insufficient evidence of record regarding the Veteran's right shoulder and left ankle disabilities. The VA must provide a medical examination to determine if these conditions are related to service.

All claims for service connection or increased ratings have been dismissed due to the Veteran's withdrawal of his appeals.

The Veteran's prostatitis with benign prostatitic hypertrophy (prostate disorder) is granted a 40 percent rating prior to January 3, 2015. The RO denied an excess of 40 percent at any time due to not meeting the criteria for 20 percent. For sinusitis, the Veteran's condition warrants a 10 percent rating based on three to six non-incapacitating episodes per year. Left ankle inversion injury is granted a 10 percent rating due to painful motion and instability. Esophageal spasm is rated at 10 percent under DC 7346 for hiatal hernia with two or more of the symptoms for the 30 percent rating of less severity. Right and left knee medial meniscus tear are each granted a 10 percent rating based on painful motion.

The Board has found that the Veteran's current bilateral ankle and knee disabilities do not have a direct link to his service, but the claim for obstructive sleep apnea is remanded due to incomplete VA examination.

The Board has remanded the case due to insufficient evidence regarding the cause of the Veteran's death and whether VA negligence in providing medical care contributed to his death. The appellant is seeking service connection for the cause of her husband’s death, which was caused by a combination of diabetes mellitus type II, hypertension, and other conditions related to his service-connected disabilities.

The Board denied service connection for bilateral hip and ankle disabilities, finding that the evidence did not support a link to service or service-connected conditions.

The Veteran's service connection claims for tension headaches, low back condition, chronic right shoulder condition, bilateral big toe condition, and right ankle disability are all granted. The claim for asthma is denied.

The Board has reopened the Veteran's claim for service connection of a right knee disability due to new and material evidence. The issues of increased ratings for left knee degenerative arthritis and instability, as well as rating for left total knee replacement are remanded.