Ankle decisions — 2020

The Veteran's PTSD is not productive of total occupational and social impairment, resulting in a denial of an initial rating in excess of 70 percent.,Service connection for sleep apnea cannot be established due to the absence of a diagnosis. The claim is remanded for a new opinion regarding its etiology.,The Veteran's bilateral knee arthralgia claims are remanded for a new examination as the November 2019 VA examination was inadequate.,The Veteran's bilateral ankle arthralgia claims are also remanded for a new examination due to inconsistencies in the November 2019 VA examination report.,TDIU is remanded as the Veteran has not submitted an application for TDIU.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional medical examinations.,VA is required to obtain VA treatment records from the Veteran, as well as updated examinations for his panic disorder with shortness of breath, left ankle disability, deviated septum, acute bronchitis, benign neoplasms (nose problems), and Meniere’s disease.

The Veteran's initial ratings for degenerative arthritis of the lumbar spine, left knee degenerative arthritis, and left ankle degenerative arthritis have been denied. A separate rating of 10 percent has been granted for instability secondary to service-connected left ankle and left knee conditions.

The Board has remanded the cases for a new VA examination to determine the current nature and severity of the Veteran's bilateral ankle disabilities due to inadequate previous examinations.

The Veteran's left ankle disability has been rated at 20 percent, the highest schedular rating available under DC 5271. The Board found that the evidence is at least in equipoise as to whether a higher 20 percent rating is warranted due to moderate to severe range of motion loss during periods of flare-up and instability of gait.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, right shoulder disability, right knee disability, left knee disability, and right ankle disability are dismissed due to the grant of these conditions in a previous rating decision. The claim for service connection for tinnitus is granted as secondary to his service-connected bilateral hearing loss.

The Board has decided to remand the claims for a bilateral shoulder disability, left knee disability, and bilateral ankle disability due to insufficient evidence regarding their relationship to service. Further development is needed.

The Board has denied the Veteran's claims for increased ratings for his ankle disabilities and service connection for a shoulder disability. The decision also remanded some of the issues, including those related to anxiety disorder.

The Veteran's low back disability was granted service connection, and her right ankle disability is currently rated at 10 percent. The issues of entitlement to an initial rating in excess of 10 percent for the right ankle disability (excluding a period of a temporary total rating due to a convalescence) and service connection for a right foot disability are remanded.

The Veteran's claim for an increased rating for tension headaches was denied as the evidence did not show very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.,The Veteran's anxiety disorder was rated at 50 percent, which is the highest schedular rating available under Diagnostic Code 9413.

The Veteran's claim for TDIU is remanded due to changes in her service-connected disabilities and the need for a new examination to assess her employability.

The Veteran's right ankle sprain and left knee laceration were both rated at a 10 percent disability rating, which is the maximum rating available under current VA regulations.,Both conditions have been found to not meet criteria for higher ratings based on limitation of motion or other symptoms.

The Board has remanded the Veteran's claims for service connection for various disabilities, including bilateral shoulder, knee, right-hand, ankle, neck, and foot conditions. The remand requires a new VA examination to address the nature of these disabilities and their relationship to military service.

The Veteran's appeal for his son D.A. as a 'helpless child' on the basis of permanent incapacity for self-support prior to attaining age 18 is dismissed due to the Veteran's withdrawal.

The Board has remanded the claims for service connection for right foot, bilateral wrist, bilateral ankle, and bilateral hand disabilities due to outstanding VA treatment records and a need for additional development.

The Board has remanded the case for further development due to the need to address medical literature submitted by the Veteran regarding his service-connected disabilities and their potential impact on his left lower extremity disorder.

The Veteran's claims for service connection of chronic left knee disorder, chronic right knee disorder, chronic left ankle disorder, and chronic right ankle disorder were denied. Her claim for tinnitus was granted.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development.

The Veteran's appeals for increased ratings and service connection have been dismissed as the Veteran's representative withdrew all issues on appeal in a September 2020 correspondence.

The Board has remanded the Veteran's claims for further development and clarification of certain issues, including whether his disabilities are related to service or if they were aggravated by service. The liver disability claim was denied as there is no evidence of a current diagnosis.