Ankle decisions — 2020

The Board has determined that the Veteran does not have current diagnoses of right and left ankle sprains with instability, thus denying her claims for service connection.

The Veteran's service-connected left ankle and low back disabilities prevented him from obtaining and maintaining substantially gainful employment prior to June 12, 2015. The Board has granted TDIU on an extraschedular basis for this period.

The Veteran's claims for service connection are being remanded due to the need for further development and examination.,Specifically, the Board finds that substantial compliance with its previous directives has not been met in several areas.

The Board has determined that additional medical examinations are needed to determine the nature and etiology of the Veteran's bilateral foot, ankle, knee, wrist, leg venous insufficiency, and sleep apnea disorders. The issues have been remanded for these purposes.

The Veteran's PTSD is rated at 70 percent, his right ear hearing loss does not warrant a compensable rating, and he receives a 20 percent rating for left ankle strain.

The Board has denied service connection for various conditions, including an upper-GI disorder, a left shoulder disorder, a right hand disorder, a low back disorder, and bilateral knee disorders. The Veteran's claims are based on direct service connection rather than any presumption or secondary service connection.

The Veteran's appeal for a higher rating for his right ankle disability and insomnia disorder has been denied. The Board found that the evidence did not support ratings in excess of the currently assigned 10 percent for the right ankle disability or 30 percent for insomnia disorder.

The Board has found that another remand is necessary to obtain outstanding private treatment records and the Veteran employment information relevant to the time period prior to September 27, 2011. The TDIU claim was raised as part of a pending increased rating claim and remanded for further development.

The Board has granted a total disability rating based upon individual employability due to service-connected disabilities (TDIU) effective from May 11, 2016.

The Veteran's appeals for service connection and evaluations of various conditions have been dismissed due to withdrawal by the Veteran. The right shoulder disability, acquired psychiatric disorder (PTSD, depression, anxiety), and multiple sclerosis claims are still pending.

The Board has remanded the Veteran's claim of service connection for right ankle arthritis due to a lack of VA medical records from his doctor and alleged 1987 treatment. The case will be returned for further development.

The Veteran's appeal is REMANDED for additional development, including examinations to assess the nature and etiology of his claimed left ankle and bilateral flat foot disorders. The issue of whether a TDIU is warranted is also referred to VA’s Director of Compensation Service.

The Board dismissed all appeals regarding service connection and increased rating for various conditions as the appellant withdrew his appeal through his authorized representative.

The Veteran's claims for higher ratings for his lumbar spine, right ankle sprain, and left ankle sprain have been denied. The Board found that the evidence did not support a rating in excess of 40 percent for the lumbar spine disability from July 30, 2012 to the present, as there was no indication of unfavorable ankylosis or severe functional impairment.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claims for service connection for various conditions, including lumbar spine disability, right knee disability, left knee disability, right ankle disability, and left ankle disability. However, due to insufficient medical opinion regarding the etiology of these disabilities, the claims are being remanded for further development.

The Veteran's TDIU claim is remanded as the Board cannot grant it on its own and must refer it to the Director of Compensation Service.

The Veteran's adjustment disorder with anxiety has been granted a 50 percent rating.,Seasonal allergic rhinitis is not compensable under the applicable rating criteria.,Service connection for degenerative disc disease of the lumbar spine, bilateral radiculopathy of the left and right sciatic nerves have all been granted.,Service connection for eczema has been granted.,Service connection for headaches has been granted.,Left ankle injury with residual small bony fragment of the left os navicularis has been granted.

The Veteran's claim for service connection for a urinary disorder is denied.,Service connection for PTSD, major depressive disorder, and anxiety has been expanded to include all psychiatric disabilities diagnosed. The claims of service connection for low back and cervical spine disabilities are remanded due to incomplete records and need for an examination.,Service connection for right hip DJD, left hip DJD, right knee DJD, left knee DJD, right ankle DJD, left ankle DJD, right foot DJD, and left foot DJD is remanded as secondary to a low back disability. Service connection for right shoulder DJD, left shoulder DJD, right hand disability, and left hand disability is also remanded as secondary to a cervical spine disability.,Service connection for bilateral hearing loss is remanded due to inadequate VA examination opinion. Service connection for skin disabilities is remanded due to incomplete records of private treatment.,The Veteran's claim for TDIU rating is inextricably intertwined with the other claims and must be deferred.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for left ankle condition, TBI, migraines, neck condition, back condition, and nerve condition. The claims are granted in part. However, due to conflicting medical opinions regarding the etiology of the left ankle condition, a remand is necessary to obtain an addendum opinion from a suitable clinician.

The Veteran's claim for a higher rating for migraine headaches is granted as of January 30, 2012. The effective date for the 50 percent rating remains January 9, 2014.