Ankle decisions — 2022

The Board denied the Veteran's claims of service connection for left leg, right leg, and right ankle disabilities as well as chronic headaches. The evidence did not support a finding that these conditions began during or were related to active service.

The Veteran's right ankle disability is rated at a 20 percent since March 5, 2012.

The Board has remanded the Veteran's claims for service connection due to new evidence and further development is required.

The Board has remanded the Veteran's claims for service connection due to outstanding medical questions and the need for additional examinations.

The Board has remanded the case due to a lack of a retrospective opinion regarding the Veteran's right ankle disability and an updated examination is needed.

The Board has determined that new and material evidence was not presented to reopen the claims for service connection for degenerative joint disease of the left and right ankles, as well as adjustment disorder with depressed mood (claimed as PTSD). The Veteran's claims were previously denied due to lack of evidence linking these conditions to military service.

The Board has remanded the claims for service connection for bilateral flat feet, left ankle disability (secondary to bilateral flat feet), and left knee disability (secondary to bilateral flat feet) due to incomplete compliance with previous remand directives regarding the Veteran's pre-existing pes planus.

The Veteran's death was not due to his own willful misconduct and he had a service-connected disability rated totally disabling at the time of his death. However, he did not meet the criteria for DIC benefits under 38 U.S.C. § 1318 as he was not in receipt of or entitled to receive compensation for service-connected disability rated totally disabling continuously for at least 10 years prior to his death.,The Veteran's cause of death was recorded as myocardial infarction and coronary artery disease, with multi-infarct dementia noted as a significant condition contributing to the death. The appellant contends that the Veteran's service-connected disabilities caused or contributed substantially to his death.

The Board has remanded the claims for increased ratings for right ankle, left knee, and right knee disabilities due to insufficient evidence or conflicting findings.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Veteran's service-connected disabilities, including depressive disorder, left knee limitation of extension, right ankle arthritis, and other conditions, have rendered him unable to secure or follow a substantially gainful occupation since August 29, 2016. The Board has granted a TDIU effective from that date.

The Board has remanded the case due to the need for additional VA examinations and further development regarding the Veteran's service-connected disabilities, particularly his left shoulder disability and bilateral ankle disabilities. The Veteran is seeking a TDIU on an extraschedular basis.

The Veteran's claims for service connection for left and right ankle disabilities have been granted. However, the appeals are still pending as they were remanded due to a lack of a VA examination.

The Veteran's service-connected left and right ankle sprain with degenerative arthritis, as well as patella tendonitis with history of Osgood-Schlatter disease of the right knee, are each rated at 20 percent disabling. The appeal is granted.

The Board has remanded the cases for further development and consideration, including obtaining an opinion regarding whether obesity caused or aggravated the Veteran's ankle disabilities.

The Board denied service connection for the Veteran's left ankle condition, finding that it is not related to an in-service injury or caused by her service-connected right and left knee patellofemoral syndrome with shin splints.

The Board denied service connection for a low back disorder in September 2015 and an ankle disorder in September 2008. The Veteran's claims were not reopened.,For the low back, new evidence did not relate to Shedden element (3), the relationship between current symptoms and service.

The Board has remanded the claims for increased ratings and service connection for bilateral knees, left ankle, and hips due to concerns about the qualifications of the VA examiner who conducted the examinations. The Veteran's representative requested additional information regarding the qualifications of the June 2021 VA examiner.

The Board has found the VA examinations inadequate for adjudicating this case and has ordered additional development, including obtaining service treatment records and determining if combat conditions apply. The Veteran's lay statements will be considered in assessing her claims.

The Veteran's claim for a compensable disability rating prior to March 19, 2019 for bilateral hearing loss is denied.,The Veteran's claim for an increased disability rating in excess of 20 percent beginning March 19, 2019 for bilateral hearing loss is denied.,The Veteran's claim for an initial disability rating in excess of 50 percent for PTSD is denied.,The Veteran's claims for increased disability ratings for residuals, shrapnel wound, left shoulder region and upper arm area, right hip/thigh area, and right leg/ankle area are remanded.,The Veteran's claim for an increased disability rating in excess of 10 percent for right ulnar nerve peripheral neuropathy is remanded.