Ankle decisions — 2022

The Board has remanded the claims of service connection for right hip, right knee, and right ankle disabilities due to a duty to assist error related to missing private treatment records from Dr. L.

The Veteran's diabetes and coronary artery disease are due to his in-service exposure to herbicide agents. The peripheral neuropathy of the left and right lower extremities is secondary to his service-connected diabetes. The left ankle arthritis is also secondary to his service-connected fracture left distal tibia and fibula.,Service connection for diabetes, CAD, left ankle arthritis, and bilateral peripheral neuropathy has been granted.

The Veteran's claim for service connection for bilateral plantar fasciitis has been granted. The right ankle condition and OSA claims have been denied.,The Board found new and relevant evidence to warrant readjudication of the bilateral plantar fasciitis claim, but not for OSA or right ankle conditions.

The Veteran's claims for cervical radiculopathy of the upper extremities and degenerative arthritis of the spine are remanded due to lack of recent VA treatment records.,The Veteran's claim for diabetes mellitus type II is remanded as there were no recent private medical records submitted.,The Veteran's claim for degenerative arthritis of the hands, with ununited fracture ulnar styloid on the right, is remanded due to lack of recent VA treatment records.,The Veteran's claim for gout, bilateral great toe MTP joint, is remanded as there were no recent private medical records submitted.,The Veteran's claim for left ankle insertional Achilles tendinopathy with gout is remanded due to inadequate nexus opinion on the part of the VA examiner.,The Veteran's claim for hypertension is remanded as there was no current diagnosis in the October 2021 VA examination.,The Veteran's claim for nummular eczema is remanded due to an inadequate nexus opinion based on the absence of a presumptive condition list.,The Veteran's claim for prostate condition is remanded due to an inadequate nexus opinion based on the absence of a presumptive condition list.

The Board has reopened the claims for service connection for acid reflux, bilateral lower extremity peripheral neuropathy, residuals of left ankle fracture, and urinary incontinence secondary to a psychiatric disorder. The other claims remain denied as new evidence does not relate to these issues.

The Veteran's claims for increased ratings and earlier effective dates for PTSD, back disability, right hip disability, right knee disability, left knee disability, and right ankle disability are being remanded due to the need for additional VA examinations.

The Veteran's hypertension was not shown to be related to service, and thus service connection is denied.,Her chronic bronchitis has been asymptomatic throughout the appeal period, preventing a compensable rating under VA criteria.,Prior to November 18, 2020, her sinusitis did not meet the criteria for a compensable disability rating due to its asymptomatic nature.,The Veteran's herpes did not affect more than 20% of her entire body or exposed areas and did not require corticosteroid or other immunosuppressant drugs for at least 6 weeks, preventing an initial evaluation in excess of 10 percent.,Her left ankle disability did not meet the criteria for a rating in excess of 10 percent due to marked limitation of motion.

The Veteran's right shoulder disability is rated at 10 percent since March 1, 2010. The Board finds that the evidence does not support a higher rating.

The Veteran's petition to reopen claims for right ankle, hand, arm, and shoulder disorders were granted. The appeal is granted on these issues.

The Veteran's left ankle strain was initially rated as 10 percent prior to May 8, 2020, and increased to 20 percent thereafter. The appeal is remanded for further evaluation.,A higher rating of 20 percent has been granted from the date of the hearing on May 8, 2020.

The Veteran's asthma has not met the criteria for a disability rating in excess of 30 percent.,Service connection for sleep apnea is denied.

The Board denied the Veteran's claims for service connection for a left ankle disability and tinnitus, finding no current diagnosed disabilities that were incurred in or due to his time in service.

The Veteran's hypertension and left ankle injury with bony degree of the medial malleolus are currently rated at 10 percent each, which is the maximum rating available under VA regulations.,VA has denied the Veteran's claims for increased ratings for his service-connected disabilities.

The Board has remanded the Veteran's claims for service connection for various orthopedic disabilities, including lumbar spine disorder, cervical spine disorder, bilateral hand disorders, elbow disorders, knee disorders, and ankle disorders. The claims are being returned to obtain addendum opinions from VA medical professionals.

The Board has restored the Veteran's 20 percent ratings for right and left ankle degenerative joint disease, effective February 7, 2012.

The Board has denied the Veteran's claims for service connection and increased ratings for various conditions, including gastrointestinal disorder, pitting edema, chronic fatigue, chronic pain of the entire body, left knee disability, right shoulder disability, left shoulder disability, left ankle disability, right ankle disability, TMJ, migraine headaches, and acquired psychiatric disorder. The reasons are that the Veteran did not attend necessary VA examinations as required by law.

The Board has determined that additional development is needed for the claims of service connection for right ankle, right foot (pes planus), and left knee conditions. The Veteran's right ankle condition is denied as there is no evidence of a current disability or functional impairment. His right foot condition was not aggravated by service. For his right knee and left knee conditions, additional medical opinions are needed to determine their etiology.

The Board has granted service connection for the Veteran's left ankle disability, bilateral plantar fasciitis, left wrist carpal tunnel syndrome, right wrist carpal tunnel syndrome, hemorrhoids, and tinnitus. The claims are based on direct evidence of a relationship to service.

The Board denied the Veteran's claims for service connection for bilateral shin splints, numbness in bilateral lower extremities, and right ankle condition. The evidence did not support a finding of current disabilities or a link to service.

The Board has decided to remand the Veteran's claims for service connection for left and right ankle disabilities due to inadequate opinions in previous examinations.