Ankle decisions — 2019

The Board denied the Veteran's claims for service connection of DDD of the lumbar spine, left ankle disorder, and left foot disorder. The decision found no new and material evidence to reopen the claim for DDD of the lumbar spine. It also determined that there is no current disability for left ankle or foot disorders.

The Board has remanded several issues related to the Veteran's service connection claims, including for knee, ankle, and foot disorders, hypertension, insomnia, and a psychiatric disorder. The rating for sleep apnea is also being remanded.

The Board has determined that further development is necessary due to the Veteran's incarceration and the failure of VA to properly schedule examinations. The appeals for service connection, rating, and hearing loss are all remanded.

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation for the period from October 14, 2009 to June 26, 2012. The Board granted TDIU during this period.

The Board denied service connection for a right ankle disability, finding no current evidence of such a condition.,Service connection was also denied for a lumbar spine disability. The Board noted the Veteran's STRs showed lower back pain during active duty but did not find any nexus to his current condition.,Regarding left foot toenails fungus, service connection was denied as there is no direct link to service-connected residuals of frostbite and it was determined that the fungus developed decades after the frostbite resolved.

The Veteran's left ankle disability is remanded due to a duty to assist error. A VA examination is needed to determine the nature and etiology of the disability.

The Veteran's claims for service connection and increased rating are remanded due to insufficient medical opinions addressing all theories of entitlement. The lumbar spine condition is also remanded for an adequate VA examination.

The Veteran's claim for an earlier effective date for the grant of a total disability rating based on individual unemployability (TDIU) is denied. The Board found that it was not factually ascertainable, indeed not even contended, that the Veteran was unemployable prior to January 9, 2002 due to his service-connected disabilities.

The Board has remanded the Veteran's claims for service connection for a left ankle disability, increased ratings for bilateral knee disabilities, and entitlement to TDIU due to unresolved issues related to his service-connected knee disabilities.

The Veteran's claims for service connection have been remanded due to the need for additional medical examinations and opinions regarding his right knee disability, hearing loss, tinnitus, back disability, right ankle disability, left ankle disability, and hypertension.

The Board has reopened the Veteran's claim for service connection due to new and material evidence, but denied the claim as there is no medical evidence showing a link between his current right ankle disorder and service.

The Veteran's service connection claims for residuals of a left ankle sprain, lumbar degenerative arthritis and lumbar intervertebral disc syndrome are granted.,The Veteran's service connection claim for PTSD is denied.,The Veteran's service connection claim for Lyme disease is denied.,The Veteran's service connection claim for a left calf disability is denied.,The Veteran's service connection claim for acne is denied.

The Veteran's appeals for higher ratings on bilateral defective hearing and left ankle injury residuals, as well as his claims for special monthly compensation based on a need for aid and attendance or due to being housebound, and eligibility for a grant for specially adapted housing or special home adaptation have been dismissed due to the death of the appellant.

The Veteran's appeals for increased ratings and service connection for right ankle disability, left knee disability, and right hip disability were denied. The Board found that the evidence did not support a higher rating for his right ankle disability or service connection for any of the other conditions.

The Veteran's claim for service connection for residuals, left ankle/foot disability is being remanded due to the need for a VA examination and opinion regarding aggravation of his pre-existing condition during service.

The Board has found the March 2018 examination inadequate and remanded for additional development, including a new opinion from the examiner regarding the Veteran's right ankle disorder.

The Board has dismissed the appeal for an earlier effective date for TDIU and has remanded the service connection claim for a right ankle condition.

The Veteran's claims for residuals of a cold injury, right ankle disorder, left knee disorder, gastroesophageal reflux disease (GERD), and various spine disorders have all been denied. The Board found no evidence to support the Veteran's assertions regarding these conditions.

The Veteran's claims of service connection for various conditions, including hearing loss, joint pain, back disorder, tinnitus, right knee disorder, left knee disorder, right ankle disorder, and left ankle disorder are granted. However, the claim for lung disorder remains pending as no rating has been assigned.

The Board has reopened the Veteran's claims for service connection for bilateral hearing loss, bilateral tinnitus, acquired psychiatric disability to include PTSD, bilateral ankle disability, bilateral knee disability, and gastroenteritis. The new evidence received since the final denial is considered in conjunction with previous evidence of record and raises a reasonable possibility of substantiating these claims.