Ankle decisions — 2020

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and medical opinions.,Specifically, the knee and ankle claims require compliance with the Court’s holding in Correia, and the bilateral elbow and ulnar nerve neuropathy claims require new medical opinions.

The appeal for entitlement to service connection for a left shoulder disability is dismissed.,Issues of entitlement to service connection for a left ankle/foot disability, right ankle disability, and right knee disability are remanded.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's claimed disabilities, including back disability, bilateral leg disabilities, right foot and ankle disabilities, right elbow and wrist disabilities, left rib fracture, neck disability, scalp laceration, and migraine headaches. The claims are being remanded for these purposes.

Service connection for a bilateral knee disability is granted. Service connection for bilateral hearing loss remains denied, as the Veteran's current symptoms are more likely related to age rather than service. The case of bilateral ankle disabilities is remanded.

The Board denied the Veteran's request for an earlier effective date of July 6, 2011, for service connection of rheumatoid arthritis in his bilateral wrist, hand, ankle, elbow, and shoulder. The decision is based on the fact that the claim was not filed until July 6, 2011.

The Veteran's claim for an effective date earlier than September 13, 2012 for the grant of a TDIU rating and DEA benefits under 38 U.S.C. Chapter 35 was denied as there is no evidence showing he was precluded from securing or following a substantially gainful occupation due to his service-connected disabilities prior to that date.,The Veteran's combined disability ratings did not meet the threshold criteria for consideration of a schedular TDIU rating prior to September 13, 2012. However, VA policy allows for an extraschedular TDIU rating if the evidence shows he was unemployable due to service-connected disabilities.

The Veteran's claim for service connection for left ankle degenerative joint disease, which he contends had its initial onset during military service when he injured his ankle repelling down cliffs in 1985, is being remanded due to the need for additional development. The VA examiner must address whether the Veteran’s current condition is related to his active service or if it was caused by his service-connected fracture of the left second metatarsal bone.

The Board has remanded the Veteran's claims for service connection due to the need for additional examinations and development of medical records. The issues include right ankle disability, bilateral knee condition (secondary to right ankle), left shoulder numbness (secondary to right shoulder), and bilateral shoulder condition (related to right shoulder).

The Board has remanded the Veteran's claims of service connection for right knee, shoulder, ankle disabilities and heart disease due to insufficient medical evidence. The claims will be reconsidered on their merits without determining if new and material evidence was received.

The Veteran's TDIU claim is granted as he has been rendered unable to secure and maintain substantially gainful employment due to his service-connected disabilities. The Veteran also withdrew his increased rating for PTSD, and the Board does not have jurisdiction over the sleep apnea issue.

The Veteran's appeal for increased ratings for his service-connected bilateral hearing loss, gouty arthritis of the right ankle and bilateral first metatarsophalangeal joints, lumbar spine disability, and bilateral plantar spurs is being remanded due to inadequate examination reports. The VA will schedule new examinations to determine the current severity of these conditions.

The Board has remanded the Veteran's claims for service connection for left knee, ankle, and foot disorders due to inadequate VA examination opinions and unobtained workers' compensation records. The AOJ is instructed to obtain these records and refer the case for additional VA examinations.

The Veteran's claim for arthritis of the joints, excluding bilateral knee arthritis is denied as there is no evidence that these conditions began during service or are otherwise related to an in-service injury or disease.,The Veteran's claim for a back disability is denied as there is no evidence that this condition began during service or is otherwise related to an in-service injury or disease.

The Board has remanded the Veteran's claims for increased ratings for his lumbar spine degenerative disc disease, left and right ankle traumatic arthritis, and left shoulder arthritis due to incomplete examination reports and lack of information on flare-ups or associated objective neurologic abnormalities.

The Veteran's service connection claims for various conditions have been denied as there is no competent evidence showing that these conditions were incurred or aggravated during a period of honorable service.

The Veteran's service connection claims for various disabilities, including bilateral eye disability and shoulder disabilities, were denied as there is no competent medical evidence linking these conditions to his military service. The earliest post-service records of the claimed disabilities are over four decades after discharge from active duty.

The Board has granted service connection for the Veteran's right ankle disability and denied claims for left ankle, bilateral hip, bronchitis, sinus, lumbar spine, and bilateral knee disabilities. The case is being remanded to obtain an addendum medical opinion regarding the Veteran's lumbar spine and bilateral knee disabilities.

The Veteran's claim for service connection for PTSD has been granted. The Board also remanded the claims for neck condition, migraines, left shoulder disability, and right ankle disability due to lack of medical nexus opinions.

The Board has granted service connection for right and left ankle disabilities, finding that the Veteran's symptoms are due to undiagnosed illnesses or medically unexplained chronic multisymptom illnesses (MUCMI) as they manifest during his military service in the Southwest Asia theater of operations.,Service connection is also granted for residuals of a rib injury, based on objective indications of a qualifying chronic disability.

The Board denied the Veteran's claims for service connection for a left ankle disability and a heart disability (mitral valve prolapse), finding no evidence of current disabilities or in-service incurrence.