Ankle decisions — 2019

The Veteran's low back, bilateral hip, bilateral knee and bilateral ankle disabilities are found to be service-connected due to in-service hard landings and other stresses. The Veteran's prostate cancer is not entitled to a temporary total evaluation or an initial rating higher than 20 percent.

The Veteran's service-connected disabilities do not render him unable to obtain or maintain gainful employment, as his inability is due to Alzheimer’s/dementia. The Board finds that the preponderance of the evidence is against the claim for TDIU.

The Board has remanded the Veteran's claims for service connection due to inadequate statements of reasons and bases in their previous decisions.,Further development is required as there are inconsistencies between the Board's decision and evidence from the Veteran's service records.

The Board has determined that additional development is needed to determine the existence and etiology of a right ankle disorder, right knee disorder, back disorder, and headaches. The Veteran's claims for service connection are being remanded.

The Veteran's increased ratings for right and left shoulder rotator cuff tendinopathy with adhesive capsulitis, lumbosacral strain and thoracic spondylosis with radiculopathy, cervical spinal stenosis with spondylosis, right ankle strain, left ankle strain, and gastroesophageal reflux disease (GERD) are denied.,The Veteran's freestanding claims for service connection of PTSD, allergic rhinosinusitis, cervical spinal stenosis with spondylosis, lumbosacral strain and thoracic spondylosis with radiculopathy, right ankle strain, left ankle strain, and gastroesophageal reflux disease (GERD) are denied.

The Board has remanded the claims for service connection and increased rating due to failure to obtain VA treatment records, provide adequate reasons or bases for decisions, and conduct new examinations.

The Veteran's service-connected heart disease and other disabilities do not preclude him from securing or following a substantially gainful occupation.

The Board has remanded the Veteran's claims of service connection for bilateral hearing loss, low back disability, bilateral knee disabilities, and left ankle osteoarthritis due to inadequate development.

The Board has determined that the VA medical opinions are inadequate and remanded for further examination and opinion regarding the etiology of the Veteran's claimed conditions. The issues include service connection for right shoulder arthritis, degenerative disease of the lumbar spine, left hip arthritis, right hip arthritis, a left ankle disorder, thorax contusion, and residual of head injury.

The Board has granted the Veteran's claim to reopen his service connection for low back disability and denied both his claims for right foot/ankle disability. The low back disability was reopened due to new evidence, but it is still not found to be related to service. The right foot/ankle disability claims were denied as there is no evidence of a current disability that is related to service.

The Board has remanded several issues for further development, including service connection claims for various disabilities. The Veteran's claim for tonsillitis is denied as there is no current diagnosis of the condition. Service connection for migraine headaches is granted due to credible lay and medical evidence showing a history of such headaches during service and since then. Other claims are remanded for additional development.

The Veteran withdrew his appeals for service connection and a higher initial rating for the claimed disabilities.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) because his employment as a construction cost estimator, which he has held since retiring in 2005 and continues to hold part-time, is considered substantially gainful employment rather than marginal employment. The Board found that the Veteran’s employer did not provide protected or sheltered work environment for him.

The Board has dismissed the Veteran's appeals of his claims for right knee disability and dermatophytosis of the toenails, as he withdrew these issues during a hearing. The remaining issues have been remanded.

The Board has remanded several claims for further development, including those related to the Veteran's lumbar spine, right and left ankle, left elbow, right elbow, cervical spine, thoracic spine, left wrist, right wrist, left hip, right hip, right knee, left knee, and chronic bronchitis disabilities. The claims are being returned to the RO for additional development.

The Board denied the Veteran's claims for service connection for left ankle disability and bilateral foot disability (plantar fasciitis), finding no evidence of a nexus to active service.

The Veteran's PTSD is granted with a rating of 50 percent, effective July 3, 2019. Service connection for other conditions remains pending.

The Board has remanded the case for further development and examination, specifically regarding the Veteran's sinus condition. Service connection is granted for lumbar back and right ankle conditions.

The Veteran's service-connected disabilities have rendered her unable to secure or follow a substantially gainful occupation since April 3, 2013. The Board has granted TDIU effective from that date.

The Veteran's claims for service connection related to musculoskeletal disabilities, including left shoulder disability, cervical spine sprain, thoracolumbar spine strain, and abdominal muscle strain are all denied. The Board finds that VA examinations are required for the remaining claims.