Ankle decisions — 2022

The Veteran's back disability, diagnosed as lumbar degenerative disc disease and degenerative arthritis, is now granted.,The Veteran's right foot disability (pes planus), left foot disability (pes planus), right ankle disability (chronic right ankle sprain), and right hand disability (carpal tunnel syndrome) are all now granted. The Veteran's COPD claim remains pending as it was remanded.

The Board has denied service connection for a right ankle disability and a left knee disability, including as secondary to the right ankle disability. The evidence does not support a finding that these disabilities are related to service.

The Veteran's claims for higher ratings for his service-connected back, knee, and ankle disabilities are being remanded due to the need for additional examinations addressing the nature and severity of these conditions.

The Board has decided to remand the case due to missing service treatment records from the Veteran's time serving on the U.S.S. Proteus in 1980.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation from October 1, 2015 until November 18, 2019. The Board granted a TDIU on an extraschedular basis.

The Veteran's motion to revise a November 2021 decision of the Board on the basis of clear and unmistakable error (CUE) was dismissed without prejudice to refiling due to insufficient specificity in his allegations.

The Veteran seeks earlier effective dates for the grants of service connection for his left ankle and psychiatric disorders. The Board finds that there is no persuasive evidence to support these claims.,The Veteran's current effective date for the grants of service connection for his left ankle and psychiatric disorders stems from an intent to file he submitted to VA in September 2018.

The Veteran's bilateral sensory polyneuropathy is granted as service-connected, and the Board finds that it is at least as likely as not caused by his service-connected back disability. The issues of entitlement to service connection for bilateral ankle, foot, and tarsal tunnel syndrome are remanded.

The Veteran's right knee strain is currently rated at 10 percent, and a separate 20 percent rating for instability has been granted. The lumbosacral strain associated with the left ankle sprain remains at 20 percent, while the chronic left ankle sprain receives a 20 percent evaluation.

The Board has remanded the claims for an acquired psychiatric disability, a back disability, a right hip disability, and a right knee disability due to outstanding VA medical records. The right ankle disability claim is also being remanded.

The Veteran's right ankle disability is granted. The Veteran's right sciatic nerve disability for the period prior to September 6, 2016 is denied. The Veteran's right sciatic nerve disability for the period beginning September 6, 2016 is granted with a 40% evaluation. The Veteran's initial evaluations in excess of 20 percent for his right anterior crural (femoral) and left anterior crural (femoral) nerves are denied. The Veteran's initial evaluations in excess of 10 percent for his left sciatic nerve disability prior to December 19, 2019 is granted with a 20% evaluation. The Veteran's initial evaluations in excess of 20 percent for his left anterior crural (femoral) nerves beginning December 19, 2019 are denied.

The Veteran's left ankle disability is being remanded due to the need for additional medical records and an updated opinion regarding its etiology. The respiratory disability case is also being remanded for further addendum opinions.,The Board has determined that more development is needed in both cases, including obtaining additional medical records and providing new opinions on the etiology of the Veteran's left ankle disorder and respiratory condition.

The Board has decided to remand the cases for further development due to new evidence received after the October 2018 SOC. The VA will review this additional evidence and arrange for any necessary examinations.

The Veteran's claims for an increased disability rating and a temporary total disability rating for convalescence from right ankle surgery are being remanded due to the need for additional development, including new VA examinations.

The Board denied service connection for gout of the left and right ankles, lumbar spine disability, sinusitis, acid reflux, carpal tunnel syndrome of the left wrist, carpal tunnel syndrome of the right wrist, and hypertension as there was no evidence showing these conditions were incurred or aggravated during active duty.

The Board denied service connection for various conditions, including bilateral knee and ankle disabilities, acute pancreatitis, heart disability, and colonic polyps, diverticulosis, and irritable bowel syndrome. The reasons given were that the Veteran did not have chronic or recurrent conditions during service or within one year of separation, and there was no evidence linking these conditions to his military service.

The Veteran's claims for service connection were reopened due to new and material evidence, but the appeals are still pending as some issues remain unresolved.

The Veteran's right ankle disability is granted as service-connected.,Service connection for bilateral eye disorder secondary to service-connected chronic sinusitis is denied.,An initial evaluation in excess of 10 percent for hiatal hernia with GERD prior to July 7, 2022 is denied.,An evaluation in excess of 30 percent for hiatal hernia with GERD beginning July 7, 2022 is denied.,The Veteran's TDIU claim is granted.

The Board has granted the petitions to reopen the previously denied claims for service connection of a right knee disorder, left knee disorder, right ankle disorder, and low back disorder. The Board found that these conditions were incurred in service.

The Board denied service connection for left ankle, right ankle, left shoulder, and right shoulder disabilities as there was no evidence linking these conditions to active service.