Ankle decisions — 2019

The Board has found that the Veteran's lumbar spine disability and left ankle disability are related to service-connected conditions, but further development is needed for a final determination.

The Veteran's claim for service connection for sleep apnea has been reopened due to the submission of new and material evidence. The issue of service connection for PTSD (unspecified) remains unresolved.,The Veteran's claims for increased disability ratings and earlier effective dates for his acquired psychiatric disorder, low back disability, left ankle disability, and right eye disability are being remanded.

Service connection is granted for tinnitus. The Veteran's right ankle disorder, residuals of left oophorectomy, and gynecological disorders are remanded due to the need for additional medical opinions regarding their relationship to service exposure.

The Board has granted the reopening of claims for service connection for a left ankle disability, right ankle disability, and low back disability. The claim for hypertension remains denied. The case is remanded for further development regarding service connection for obstructive sleep apnea as secondary to PTSD.

The Veteran's right ankle strain is rated 20% and remanded for further evaluation of his erectile dysfunction, obstructive sleep apnea, lumbar spine disability, and left lower extremity radiculopathy.,Service connection for erectile dysfunction as secondary to service-connected disabilities and service connection for obstructive sleep apnea as secondary to service-connected PTSD are both remanded. The Veteran's ED is not found to be proximately due to his service-connected conditions, but the examiner will need to provide an opinion on whether it was aggravated by them.,The Veteran’s lumbar spine disability remains at 20% and a VA examination is needed to assess the current severity of his left lower extremity radiculopathy.

The Veteran's petition to reopen his previously denied service connection claims for depression and anxiety, right knee disability, right ankle disability, pseudofolliculitis barbae, and an acquired psychiatric disability (including PTSD, depressive disorder, and anxiety disorder) is granted. The Board has remanded these issues due to the need for additional examinations or medical opinions.

The Board has remanded the Veteran's claims for additional development due to lack of compliance with Correia v. McDonald, 28 Vet. App. 158 (2016), and incomplete private audiology test results.

The Veteran's service-connected disabilities, including a lumbar strain, left ankle degenerative arthritis, patellofemoral syndrome of the right knee with degenerative joint disease, and hemorrhoids, caused wear and tear to his clothing. The Board granted clothing allowances for these conditions in calendar year 2016.

The Veteran's service-connected conditions do not render him in need of regular aid and attendance or confined to his household.,The Veteran's service-connected disabilities do not result in actual or functional loss of use of either foot.

The Veteran's appeal for increased ratings for his left ankle disability and celiac idiopathic steatorrhea with GERD was denied. The Board found that the evidence did not support a higher rating for either condition.

The Veteran's claims for left shoulder disorder, hypertension, stomach disorder, PTSD and depression, right ankle disorder, tinnitus, left ankle DJD, lumbar spine strain, right Osgood-Schlatter’s syndrome, rhinitis, and right elbow laceration scar have all been denied. The claim for service connection for PTSD and depression has been reopened due to new evidence.

The Board has determined that additional examinations and medical opinions are needed to properly adjudicate the Veteran's claims for service connection due to her reported conditions. The issues of entitlement to service connection for bilateral hearing loss, low back pain, left knee condition, right ankle condition, and respiratory condition are all remanded.

The Veteran's traumatic arthritis of the right ankle was rated at 10 percent disabling, and the Board found that this rating adequately reflected his symptoms.

The Veteran's migraine headaches are rated at 50 percent effective November 7, 2012. She is entitled to a higher rating prior to this date.

The Board has decided that the Veteran's claims for service connection for right ankle condition, bilateral hip condition, bilateral knee condition, and back condition secondary to right ankle condition are inextricably intertwined with his claim for right ankle condition. As such, these related issues must be remanded.

The Board denied the Veteran's attempt to reopen his claim for service connection of a left ankle disability, finding that new and material evidence was not received.

The Board has granted an initial rating of 20 percent for the Veteran's left ankle postoperative degenerative joint disease prior to November 15, 2016.

The Board has remanded the case due to the Veteran's failure to report for a VA examination and unclear notification of the scheduled examination. The case will be returned to the AOJ for further development, including obtaining medical records and scheduling another VA examination.

The Board has restored the Veteran's service-connected bilateral knee and ankle disabilities from a noncompensable rating to 10 percent effective October 1, 2016. The claim for increased ratings remains on appeal.

The Veteran's right ankle tendonitis was granted a disability rating of 10 percent from March 21, 2018, and the maximum rating of 20 percent beginning February 3, 2011. The effective date for the increased rating is set at March 21, 2018.