Ankle decisions — 2021

The Board has remanded the Veteran's claims for service connection and increased rating due to outstanding private treatment records, failed VA examinations, and incomplete service personnel records. The Veteran is also seeking a separate claim of service connection for sleep apnea.

The Board denied the Veteran's claim for service connection of a left ankle condition, finding no current diagnosis and noting that her reported pain does not result in functional impairment of earning capacity.

The Veteran's claim for a higher rating for residuals of a compression fracture of the thoracic spine with IVDS and arthritis was denied. Service connection was granted for an adjustment disorder with anxiety and depression, but denied for other conditions including left hip, ankle, foot, and dermatitis disorders.

The Board has remanded the claims for service connection for left and right ankle disabilities, as well as bilateral pes planus due to conflicting medical opinions and lack of probative evidence. The Veteran's current diagnoses are being reviewed with a new VA examination.

The Veteran's claims for increased evaluation of left ankle sprain and service connection for irritable bowel syndrome were denied. The Board found that the evidence did not support a higher rating for the left ankle sprain, as there was no evidence of marked limitation of motion. For IBS, the Board noted that the evidence did not establish a proximate relationship to his service-connected condition.

The Veteran's claim for service connection for a right ankle disability has been granted, with the April 2006 denial being reopened due to new and material evidence.,The Veteran's claim for service connection for hypertension is remanded for further examination.

The Veteran's service connection claims for right ankle osteoarthritis, lumbar spine DJD with DDD, and right elbow injury were denied. However, the Veteran was granted service connection for a right knee disorder (arthritis) and right foot plantar fasciitis.

The Board has reopened the claim for service connection for a left ankle disability and remanded all other issues on appeal due to the need for additional development of the Veteran's service treatment records.

The Board has reopened the Veteran's claim for service connection for a left ankle disorder, but denied the claim as there is no current diagnosis of such condition.

The Board has granted the Veteran's petition to reopen his claims for service connection for an acquired psychiatric disorder, a left knee disability, and a right ankle disability.,Service connection is remanded for these conditions.

The Board has denied service connection for various conditions, including blindness, glaucoma, hypertension, rheumatoid arthritis, shoulder pain, elbow and wrist swelling, toe numbness, leg numbness, jaw joint pain, hip joint swelling, knee and ankle pain, bilateral pes planus, foot bunions, rib fracture discomfort, hand weakness, left hand swelling, tonsillitis, dizzy spells, fatigue, pharyngitis, allergy disorder, breathing disorder, sleep apnea, heart condition, ulcer, gastritis, gastrointestinal problems, GERD, kidney disorder, lipoma, obesity, arm numbness and pain, and finger numbness. The Board found that the evidence did not support service connection for these conditions.,The Veteran's TBI claim is also denied as there was no in-service head injury or related condition.

The Veteran's tinnitus was granted service connection. The Board found that the evidence is at least in equipoise regarding whether the Veteran's current tinnitus was incurred in service, and thus, assigned him the benefit of the doubt.,For his hemorrhoids, pseudofolliculitis barbae (PFB), bilateral hearing loss, degenerative joint disease of the left ankle, and residuals of right ankle injury claims, a new VA examination is required to determine their etiology.

The Board has decided to remand the cases for further development and consideration, including obtaining addendum opinions regarding the Veteran's kidney condition and right knee disability, as well as scheduling a VA examination for his service-connected right ankle disability.

The Veteran's claim for service connection for tinnitus is denied as the evidence does not support a finding that her tinnitus began during active service or is otherwise related to an in-service injury.,An earlier effective date of December 13, 2013, but no earlier, has been granted for the grant of service connection for right ankle tendonitis. The Veteran's informal claim was received on December 13, 2013.,The Veteran is entitled to a 10 percent rating from December 13, 2013, for bilateral tendonitis. However, an increased rating in excess of 10 percent is remanded due to the need for a new VA examination.,Service connection for a low back condition (DDD L4-5) is remanded as the February 2015 VA examiner could not provide a medical opinion without imaging testing and additional review of records. The examiner will be asked to address whether the Veteran's scoliosis, diagnosed in service, was congenital.,The Veteran's claim for service connection for an acquired psychiatric disorder is remanded as there are insufficient records available for evaluation.

The Board has remanded the case due to incomplete service records and a need for further medical examination. The Veteran's left ankle disability is being reviewed again.

The Veteran's claims for increased ratings for low back strain with degenerative disc and joint disease, and left ankle strain with DJD were denied as the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's left ankle disability. The claim for service connection for a lumbar spine disability remains denied.

The Board has remanded the claims of service connection for bilateral hearing loss, bilateral tinnitus, a left foot condition, a left ankle condition, and a psychiatric disorder due to additional development being necessary.

The Board has remanded the issues of service connection for multiple joint arthritis, cervical spine disability, lumbar spine disability, bilateral shoulder and knee disabilities, bilateral ankle and foot disabilities, cardiac disability (including heart palpitations), and diabetes mellitus due to insufficient evidence.,Further examination is needed to determine if the Veteran currently has these conditions.

The Board denied the Veteran's claim for TDIU prior to January 6, 2021 as his service-connected conditions did not prevent him from securing and following substantially gainful employment.