Ankle decisions — 2022

The Veteran's service-connected right ankle disability is associated with neurologic impairment of the right lower extremity, which has been granted as secondary to his service-connected right ankle disability.

The Board denied the Veteran's claim for service connection for a right ankle disorder, finding that his current condition is not related to his military service.,The Board remanded the issue of service connection for a left knee disorder due to insufficient evidence regarding its etiology.

The Board has remanded the issues of entitlement to service connection for a right arm disability, to include right shoulder strain; and entitlement to ratings in excess of 10 percent disabling for right elbow arthritis prior to July 13, 2020, and since that date. The Veteran's loss of motion in the left ankle is found to be due to his service-connected radiculopathy of the left lower extremity.

The Veteran's service connection claim for intermittent explosive disorder with sleep impairment is granted. Claims for a separate sleep disorder, headaches, hypertension, and right ankle condition are denied.

The Board has dismissed the Veteran's appeal for service connection of a right ankle disability. The claim for an increased rating for bilateral hearing loss remains denied, and the claims for service connection of back disability and depression are remanded due to a duty to assist error.

The Board has decided to remand the Veteran's clothing allowance claims for use of a back brace, bilateral ankle braces, right knee brace, shoe inserts (orthotics), and topical cream due to insufficient evidence regarding the types of devices used and their impact on clothing. The AOJ is instructed to seek clarification from the Veteran and obtain relevant documentation.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination.

The Board has determined that new and relevant evidence supports reopening the claims for cervical spine, lumbar spine, hemorrhoids, respiratory disorder, left ankle, and left foot disorders. These conditions are now subject to further evaluation.,The appeal as to these six issues is granted.

The Veteran's appeal regarding his July 2022 HLR Request for service connection of residuals of a left ankle injury was denied because the request was untimely filed.

The Board has remanded the claims for additional development due to a lack of adequate nexus opinions regarding secondary service connection.

The Board has remanded the cases for further development due to incomplete verification of the Veteran's periods of active duty, active duty for training, and inactive duty for training with the Florida Air National Guard. The issues of service connection for cervical spine disability, sinus disability (including sinusitis), left ankle disability, and fatigue (including chronic fatigue syndrome) are remanded.

The Veteran's right ankle disability, rated at 20 percent prior to August 10, 2021, and in excess of 20 percent thereafter, has not met the criteria for a higher rating.

The Board has remanded the claims for service connection due to new and material evidence having been received. The Veteran's back, bilateral knee, and bilateral ankle disabilities are being reviewed again.

The Veteran's service-connected disabilities, including PTSD, did not render him unable to obtain and maintain a substantially gainful occupation before March 27, 2019. After that date, his non-PTSD disabilities also did not meet the criteria for TDIU.

The Veteran requested to withdraw all his claims, including service connection for bilateral hearing loss, hypertension, a right shoulder disorder, a left shoulder disorder, a lumbar spine disorder, a left knee disorder, a right ankle disorder, a left ankle disorder, and a bilateral foot disorder. As a result, the appeals are dismissed.

The Board has found that the RO did not comply with prior remand directives and has ordered another VA examination to address whether the Veteran's bilateral lower extremity varicosities, right and left ankle conditions, and right and left knee conditions are at least as likely as not aggravated by his service-connected residuals of right foot 3rd metatarsal fracture.

The Board has remanded the Veteran's claims for service connection for left and right ankle disabilities due to potential aggravation by his service-connected knee, lower extremity, and back conditions. The VA examiner is requested to provide an opinion on the etiology of these disabilities.

The Board has remanded the Veteran's claims for migraine headaches and obstructive sleep apnea due to inadequate opinions provided by VA examiners. The Veteran is also being remanded for service connection of his left ankle condition, right ankle condition, myoclonic jerking, and left lower extremity radiculopathy.,The Board has remanded the Veteran's claim for service connection of obstructive sleep apnea due to inadequate opinions provided by VA examiners. The Veteran is also being remanded for service connection of his left ankle condition, right ankle condition, myoclonic jerking, and left lower extremity radiculopathy.,The Board has remanded the Veteran's claim for service connection of a left ankle condition due to inadequate opinions provided by VA examiners. The Veteran is also being remanded for service connection of his right ankle condition, myoclonic jerking, and left lower extremity radiculopathy.,The Board has remanded the Veteran's claim for service connection of a right ankle condition due to inadequate opinions provided by VA examiners. The Veteran is also being remanded for service connection of his left ankle condition, myoclonic jerking, and left lower extremity radiculopathy.,The Board has remanded the Veteran's claim for service connection of myoclonic jerking due to inadequate opinions provided by VA examiners. The Veteran is also being remanded for service connection of his left lower extremity radiculopathy.,The Board has remanded the Veteran's claim for a separate disability evaluation for left lower extremity radiculopathy affecting the tibial, peroneal, and cutaneous nerves due to inadequate opinions provided by VA examiners. The Veteran is also being remanded for service connection of his left ankle condition, right ankle condition, myoclonic jerking, and left lower extremity radiculopathy.

The Board has remanded the case for further development, including a determination on the character of discharge from service and readjudication of all issues on appeal. The decision is not binding on other VA policies or interpretations.

The Board has granted service connection for bilateral pes planus and left ankle disability, finding that the Veteran's conditions were aggravated by his active-duty service. The Board also found a relationship between the current disabilities and the in-service injuries.