Ankle decisions — 2019

The Board has determined that additional development is needed for the Veteran's right ankle disability claim, including obtaining medical records and conducting a VA examination to assess the current severity of his service-connected condition.

The Board has remanded the Veteran's claims for bilateral knee, ankle, and foot disorders, as well as hearing loss and tinnitus due to a lack of service treatment records (STRs) and military personnel records (MPRs).

The Board denied service connection for a right ankle disorder and a left elbow disorder, finding no evidence of in-service injury or symptoms that could be linked to the current disabilities.,For the entire appeal period, the Veteran's right hip disability was rated as zero percent disabling. The RO found no extension limited to five degrees, flexion limited to 45 degrees, inability to toe-out more than 15 degrees, or inability to cross legs.

The Board has remanded the Veteran's claims due to insufficient evidence and need for further examination.

The Veteran's asthma was granted service connection as it is presumed to have existed prior to service and not aggravated by service. Other claims for various conditions were denied.

The Board has dismissed the appeals seeking service connection for various conditions, including cervical spine condition, lumbosacral strain (also claimed as thoracic spine condition), left knee condition, right knee condition, left wrist condition, right wrist condition, right shoulder condition, and left ankle condition. The appeal is dismissed due to a lack of a valid substantive appeal.

The Board has remanded the claims for additional development and clarification of the Veteran's service connection and evaluation requests.,An effective date of February 27, 2001, is granted for a 40 percent rating for lumbar spine degenerative disc disease. Other issues remain pending.

The Board has remanded the Veteran's claims for higher ratings for his service-connected right ankle disability due to a duty to assist error in the February 2018 VA examination.

The Veteran's appeal has been dismissed as his representative withdrew all issues on appeal in September 2019.

The Veteran's claims for increased ratings for his service-connected degenerative joint disease of the right ankle and surgical scar of the right ankle are being remanded due to incomplete examination reports. The VA will schedule examinations to determine current symptoms, level of severity, and functional impairment associated with these conditions.

The Veteran is seeking an extension of a temporary total rating for his ankle surgery, but the Board has decided to remand this issue due to its dependency on whether he can establish service connection for his left ankle condition. The decision also directs consideration of service connection for the left ankle condition as secondary to his already service-connected fifth metatarsal bone.

The Veteran's claim for left ankle disability is reopened, and the case is remanded for a new examination to determine if his current left ankle disability is related to service. The case for increased evaluation of lumbar strain is also remanded.

The Board has decided that the reduction of the Veteran's right ankle arthritis disability rating from 20 percent to 10 percent effective September 1, 2015 was proper. However, since an SOC addressing this issue has not been issued, the case is being remanded for further action.

The Veteran's claims for increased ratings and service connection were remanded due to incomplete or insufficient evidence. The lumbar spine disability was rated at 20 percent, bilateral knee disabilities at 10 percent, right ankle disability at 10 percent, tinnitus at 10 percent, and migraine disability at noncompensable. Service connection for elbow, hand, left ankle, IBS, GERD, upper extremity nerve disorder, and lower extremity nerve disorder were denied.

The Veteran's claims for PTSD, bilateral foot condition, right ankle condition, and left ankle condition have been reopened. The claim for back disability has not been reopened.

The Veteran's current left ankle condition is not related to his active service. The Board found that the preponderance of evidence does not support a finding of service connection for left anterior tibial syndrome.

The Board has remanded the Veteran's claims of service connection for left shoulder disability, left ankle disability, and TBI due to lack of medical opinion regarding their etiology.

The Board has remanded all issues due to the failure of the AOJ to provide proper notice to the appellant's representative regarding a June 2016 rating decision. The CUE claim should be resolved prior to resolving the new and material evidence claim.

The Board has granted the Veteran's requests to reopen his claims for service connection for bilateral ankle Achilles tendonitis with heel spurs and lumbar spine DDD. The cases are remanded for further development.

The Board denied the Veteran's claims of service connection for lumbar spine, right leg/knee, right ankle, and right foot disabilities. The decision stated that there was no evidence linking these conditions to service or any presumptive exposure.