Ankle decisions — 2022

The Board has remanded the Veteran's claims for left ankle, back, and right leg disabilities due to incomplete service records and the need for a VA examination.

The Veteran's appeal is remanded for additional development due to outstanding VA treatment records and the need for updated VA examinations.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to November 24, 2014. The decision also found that the issue of special monthly compensation (SMC) under 38 U.S.C. § 1114(s) was not raised by the record.

The Board has denied the Veteran's claims for service connection for left ankle and right elbow disabilities due to a lack of evidence linking these conditions to his military service. The VA examiners found that any current disability is more likely related to post-service activities, such as work at a cable company.

The Board has granted service connection for a left ankle disability, but has remanded the cases of respiratory and heart disabilities due to insufficient opinions on their etiology.

The Veteran's service-connected conditions, including asbestosis with fibrosis and chronic obstructive pulmonary disease, atrial fibrillation, and right ankle sprain with instability and tendonitis, have resulted in severe impairment to employment. The Board has granted a TDIU based on the combined rating of 50% for these conditions.

The Board has remanded the case for referral to the Director of Compensation Service for extraschedular TDIU consideration due to service-connected disabilities. The Veteran's service-connected bilateral ankle disability is found to be a factor in his inability to secure and follow substantially gainful employment.

The Veteran's claims for increased ratings and service connection for depression disorder, left knee disability, left ankle disability, and left foot disability were denied. The Board found that the Veteran did not meet the criteria for a higher rating for his depression disorder or for service connection for his left knee, left ankle, and left foot disabilities.

The Board has remanded the cases of service connection for left and right ankle disabilities due to insufficient evidence. The decision on service connection for right eye astigmatism is denied.

The Board has remanded the claims for further development and readjudication due to inadequate VA opinions, including a need for an adequate examination by a rheumatologist.

The Veteran's appeal is remanded for further development, including obtaining a VA examination to assess the severity of his service-connected disabilities and verifying his employment history.

The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment, leading to a TDIU effective October 31, 2016. He was also granted SMC based on the need for aid and attendance.

The Board denied service connection for a left ankle disability and a bilateral foot disability, as well as increased ratings for left knee osteoarthritis and lumbar spine degenerative disc disease due to the Veteran's failure to appear for VA examinations.

The Veteran's service connection claims for bilateral hearing loss and a right ankle disorder have been denied. The Board found no evidence of current disabilities, with the exception of a right ankle disorder that may be related to service.

The Veteran's service-connected disabilities, which include cardiomyopathy, reactive airway disease, obstructive sleep apnea, primary insomnia, right shoulder degenerative joint disease, gastroesophageal reflux disease (GERD), left and right ankle strains, bilateral lattice peripheral retinal degeneration, hypertension, erectile dysfunction, and migraine headaches, have a combined rating of 100 percent. The Veteran does not meet the criteria for an employment handicap due to his service-connected disabilities, as he has overcome any impairment to employability. Therefore, VR&E services under Chapter 31 are denied.

The Veteran's death was not caused by VA treatment or care, and the service-connected conditions did not contribute to his death. The appeal for DIC under 38 U.S.C. § 1310 is remanded due to unclear causes of death.

The Veteran's right ankle disability is rated at 20 percent, but no higher. The claim for TDIU was denied.

The Board has denied the Veteran's claims for service connection of his right hip, right knee, and left ankle conditions as they are not related to his military service or a service-connected disability.

The Veteran's service-connected disabilities prevented him from obtaining and maintaining a substantially gainful occupation from August 25, 2010 until his death on December 16, 2015.

The Board has remanded the cases for additional development and review of the evidence. The Veteran's claims for service connection for right ankle, bilateral elbow, and left shoulder disorders are currently under consideration.