Ankle decisions — 2019

The Board has remanded all the issues related to service connection for various disorders due to a pre-decisional duty-to-assist error.

The Veteran's claim for service connection for a low back disability has been granted.,The Veteran's claims for service connection for right and left ankle disabilities have been reopened.

The Board denied service connection for a left ankle disability, obstructive sleep apnea, and granulomatous lung disease. Service connection was granted for COPD.,Service connection for obstructive sleep apnea is denied as not related to service or service-connected conditions.

The Veteran's appeal regarding a disability rating greater than 50 percent for PTSD with MDD and alcohol use disorder has been dismissed.,Service connection for chronic fatigue syndrome, wrists, back, knees, ankles, headaches, and muscle disorder is reopened based on new evidence.

The Veteran's claim for a left ankle disorder is denied as there is no evidence of a current disability.,The effective date for the grant of a 10% rating for right ankle arthritis is being remanded due to lack of factual ascertainability within one year prior to December 28, 2015.,The Veteran's claim for a psychiatric disorder is remanded as there are conflicting medical opinions and missing records need to be obtained.,The Veteran's claim for a head injury/ TBI is being remanded due to the lack of an adequate VA examination.,The Veteran's claim for a seizure-like disorder is being remanded due to the lack of an adequate VA examination.,The Veteran's claim for a disability rating in excess of 10% for right ankle arthritis is being remanded as there are insufficient range of motion tests.

The Veteran's claims for service connection have been denied as new and material evidence has not been received to reopen the claims.,The Veteran's psychiatric disability claim is remanded due to insufficient evidence.

The Veteran's service-connected disabilities do not render her unemployable, and she is able to secure and maintain substantially gainful employment.

The Veteran's tinnitus is granted as service-connected.,Service connection for a right ankle disability and hearing loss are denied.,Back, right lower extremity radiculopathy, and left lower extremity radiculopathy claims are remanded.

The Veteran's right shoulder, right knee, left knee, and obstructive sleep apnea disabilities have been granted service connection.,Service connection for the left ankle disability has also been granted.

The Board has decided to remand the case due to inadequate examination and opinion regarding the left ankle disorder, specifically whether it is related to service-connected foot disorders or directly related to service.

The Veteran's right ankle disability is not service-connected as it did not have its onset in service and was not otherwise related to service.,Service connection for the right knee disability is denied as well, with similar reasoning.

The Board has remanded the case due to new evidence being added since the last decision, and the Veteran requested that his case be reviewed by the AOJ.

The Veteran's appeal for an initial rating in excess of 10 percent for tinnitus is denied. The cases for left ear hearing loss, left ankle disability, right ankle disability, left knee disability, right knee disability, and low back disability are remanded due to the need for additional medical examination.

The Veteran's claims for service connection and rating for various conditions have been denied. The issues of service connection are being remanded due to the need for further development regarding alleged exposure to herbicide agents or other chemicals during his time in Okinawa.

The Board has denied service connection for visual impairment and remanded the issue of service connection for right foot and ankle disability due to lack of evidence linking current disabilities to military service.

The Veteran's PTSD is rated at 70 percent since December 18, 2014. The initial compensable disability ratings for his scar and TBI are granted. His right shoulder and left shoulder degenerative changes are each rated as non-compensable. His right ankle sprain and left ankle sprain are both remanded.

The Board has remanded the Veteran's claims for right ankle fracture residuals and testicular cancer residuals due to incomplete records and need for further development.

The Veteran's claim for service connection for bilateral hearing loss is denied as there is no evidence of a current disability and the preponderance of the evidence does not support a finding that his hearing loss began during active service or is otherwise related to an in-service injury or disease.,Service connection has been granted for tinnitus, with the Board noting that the Veteran's lay statements supported his claim.

The Veteran's right ankle disability, which includes Achilles tendonitis and Haglund's disease, has been rated at 20% since June 3, 2013. The Board found that the current rating adequately reflects her symptoms of pain and limited motion without ankylosis.

The Board has granted service connection for tinnitus but denied service connection for right ankle disability. The decision is based on the Veteran's reports of in-service noise exposure and current symptoms, with conflicting medical opinions regarding tinnitus. For the right ankle disability, the Board found no evidence of a current diagnosis or functional impairment.