Ankle decisions — 2019

The Veteran's VA disability benefits were reduced due to the recoupment of her separation pay. The appeal is denied as the law requires the recouping of separation pay from VA disability compensation.

The Board has remanded the Veteran's claims of service connection for a right ankle disability, bilateral hearing loss, and tinnitus due to additional development being necessary. The AOJ is required to obtain medical records, schedule an examination for the Veteran regarding his ankle disability, and provide an addendum opinion on his hearing loss claim.

The Board has remanded the issues of service connection for an acquired psychiatric disability, to include PTSD; and initial ratings for left ankle and left knee disabilities due to inadequate examination reports.

The Board has dismissed all claims related to the Veteran's service connection and evaluation for various conditions, including right knee disability, right ankle disability, sleep apnea, hypertension, and residuals of left knee injury. The decision also grants a TDIU based on the Veteran's service-connected disabilities.

The Veteran's TDIU claim is remanded due to the need for VA examinations to assess the impact of his service-connected conditions on his ability to work.

The Board has denied a higher disability rating for left ankle tendonitis and has remanded the issue of service connection for an acquired psychiatric disability due to military sexual trauma (PTSD). The Veteran's claim for PTSD is being remanded because VA did not provide proper notice regarding personal assault claims, and additional efforts are needed to verify her alleged stressors.

The Veteran's appeal is remanded to obtain recent medical records for his service-connected knee and ankle disabilities.

The Board denied service connection for back disability and a compensable rating for right ankle disability, finding that the preponderance of evidence did not support these claims.

The Board has remanded the case due to incomplete medical opinions regarding whether the Veteran's right ankle disability is secondary to his service-connected left ankle disability. The VA needs to obtain additional evidence and provide a new opinion.

The Veteran's right and left ankle disorders have been remanded for further evaluation due to new evidence. His insomnia claim is also being remanded as it is inextricably intertwined with his PTSD.

The Veteran's right ear hearing loss is rated as noncompensable, and the claim for a compensable rating is denied.,The effective date of the 10 percent evaluation for right ankle strain is denied. The Board finds that July 11, 2014, was the earliest date on which an increase in disability occurred based on all evidence of record.,The effective date for the assignment of a 20 percent evaluation for right ankle strain is denied. The Board finds no basis upon which to assign an earlier effective date.

The Veteran's service-connected disabilities have been assigned an effective date of January 1, 2017, which is the day after his separation from active duty.,The Veteran has filed a claim for earlier effective dates for various service-connected conditions. The Board finds that these claims are denied as the earliest possible effective date allowed by law is January 1, 2017.

The Veteran's TDIU claim is remanded due to the need for additional development, including obtaining SSA records and arranging for new examinations of his knee, hip, ankle, and back disabilities. The VA will also arrange for an examination to assess the current level of severity of his service-connected adjustment disorder with mixed anxiety and depressed mood.

The Board has decided to remand three issues related to the Veteran's right ankle and knee disorders due to insufficient information regarding functional limitations caused after repeated use over time or during flare-ups. The Veteran will need a new VA examination.

The Veteran's thoracolumbar spine disability, including degenerative joint disease, degenerative disc disease and spinal stenosis, is granted. The appeals for service connection for bilateral knee, ankle, foot and toe disabilities are dismissed.

The Veteran's TBI claim is denied, and his cervical and lumbosacral spine disabilities are granted with effective dates of September 20, 2017. The headaches and left ankle sprain claims remain pending.

The Board denied service connection for an acquired psychiatric disorder, including PTSD and depression, as well as right ankle degenerative arthritis. The evidence did not support a causal relationship between these conditions and the Veteran's military service.

The Veteran's TDIU and DEA claims are remanded for further development, including obtaining private medical records and VA medical records. The VA’s Director of Compensation Service will consider the extraschedular consideration for TDIU.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected disabilities, including osteoarthritis in multiple joints and other conditions.

The Veteran's claim for an earlier effective date for the grant of service connection for unspecified depressive disorder was denied. The Board found no evidence indicating that the Veteran filed a claim prior to July 25, 2013, and thus could not assign an earlier effective date. For the TDIU issue, the Board determined that there was at least equipoise evidence showing that the Veteran's service-connected disabilities prevented him from securing and following substantially gainful employment prior to February 27, 2019.