Ankle decisions — 2021

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, as he has the education and work experience to perform non-physically demanding jobs.

The Board has dismissed the Veteran's claims for effective dates prior to May 11, 2015, for service connection of right ankle and right knee disabilities. The appeals for bilateral pes planus, acquired psychiatric disorder (to include PTSD), low back disability, pseudofolliculitis barbae (PFB), skin disorder other than PFB, right ankle disability, and right knee disability are pending and will be remanded for further development.

The Board has remanded the Veteran's claims for higher initial ratings for his service-connected right knee and ankle strains, as well as his claim for a TDIU prior to December 10, 2014. The appeals are currently pending.

The Board denied the Veteran's claims of service connection for bilateral hip, shoulder, and ankle conditions. The evidence did not establish a nexus between her current disabilities and military service.

The Veteran's non-allergic rhinitis is not rated as compensable, but his right and left ankle disabilities are granted.,Service connection for the Veteran's right and left ankle disabilities has been established due to their onset during service.,A compensable rating for non-allergic rhinitis cannot be assigned.

The Veteran's right ankle condition is remanded due to the lack of an adequate etiology opinion in his VA examination report.,The Veteran's left eye condition is remanded as there are new diagnoses and no opinion on its relationship to service-connected scars.

The Veteran's claim for service connection for PTSD was denied, and the initial rating of 10% for depressive disorder was also denied. The Veteran's persistent depressive disorder is now rated at 50%, effective May 12, 2017. Service connection for cervical spine, lumbar spine, bilateral lower extremity radiculopathies, left upper and lower extremity radiculopathies, and left ankle conditions were all denied.

The Veteran's left ankle disability, including posttraumatic arthritis and Achilles tendinopathy, has worsened since the last examination. The Board finds a new VA examination is necessary to properly evaluate his condition.

The Board has determined that new VA examinations are necessary to assess the current severity of the Veteran's service-connected left humerus, right ankle and scar disabilities due to their recent worsening.

The Veteran's claims for service connection have been reopened, but the issues of entitlement to service connection for sleep apnea, left wrist condition, right ankle condition and low back condition are being remanded for further development.,The Board has determined that a VA examination is needed to determine if the Veteran’s sleep apnea is related to his service-connected disabilities.

The Veteran's claims for service connection of various hip, knee, ankle, and shin splints disorders are being remanded due to the need for additional development. Specifically, VA treatment records from June 2020 at John Cochran VAMC in St. Louis, Missouri must be obtained.

The Veteran's claims for service connection and rating increases are being remanded due to the need for additional evidence. The TDIU claim is also being remanded.

The Board has remanded the Veteran's claims due to additional development being required, including verification of alleged exposure to herbicides and lead paint during service.

The Board has determined that the AOJ did not properly verify the Veteran's periods of active duty service and did not secure an opinion regarding the likely etiology of the claimed right ankle condition. The case is being remanded to address these issues.

The Board has remanded the Veteran's claim for service connection of a bilateral ankle disorder, as secondary to her service-connected bilateral knee disabilities. The case is being returned for further development and an addendum opinion from the VA examiner.

The Veteran's diabetes mellitus, type II, hypertension, and erectile dysfunction are granted as service-connected due to in-service herbicide exposure. The Board also found that the Veteran’s obesity is not a compensable disability for VA purposes.

The Board has granted service connection for tinnitus. The cases of right knee disability, left ankle disability, right ankle disability, and left knee disability are remanded due to the need for additional examinations.

The Veteran's service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment, and the Board denies entitlement to TDIU on an extraschedular basis.

The Veteran's appeal is remanded due to the need for additional examinations and medical opinions regarding his bilateral knee conditions, left ankle condition, right ankle condition, and sinus condition. The Board will consider these findings in determining a final decision.

The Veteran is granted TDIU after July 10, 2014 due to her service-connected disabilities, but not prior to that date.