Ankle decisions — 2023

The Board has granted the Veteran's claim for service connection for OSA as secondary to his service-connected right knee strain and left ankle DJD, finding that the weight gain resulting from these conditions is an intermediate step between the service-connected disabilities and the development of OSA.

The Board denied the Veteran's claims for earlier effective dates for adding his dependent children and spouse, finding that he did not meet the legal requirements for common law marriage in Texas. The Veteran was granted service connection for various disabilities but had a combined disability rating of at least 30% from March 13, 2019, which is when he became eligible for dependency awards.

The Veteran's claims for service connection for bilateral ankle disability and bilateral shin splints are being remanded due to deficiencies in the VA examination opinions. The AOJ is instructed to obtain additional medical evidence, including Reserves service treatment records, and request addendum opinions from a clinician.

The Veteran's claim for service connection for pneumonia has been dismissed as the Veteran withdrew his request to continue with the appeal.,Service connection for obstructive sleep apnea was denied because there is no clear evidence that the condition is related to military service.

The Board has determined that the Veteran does not have a current disability for service connection purposes, and therefore, his claims for bilateral hearing loss, left ankle disability, right ankle disability, TBI, migraine headaches, and psychiatric disorder are denied.

The Veteran's request for a compensable rating for his right fifth finger fracture is denied. The cases of left ankle Achilles tendonitis, right ankle Achilles tendonitis, and left knee osteoarthritis are remanded due to the need for further examination.

The Board has remanded the case for further development to address whether the Veteran's current left ankle disorder is related to an in-service injury during ACDUTRA and if it is secondary to his service-connected bilateral knee, right ankle, and/or right foot disabilities.

The previously denied claim of entitlement to service connection for hypertension has been reopened and granted. However, the Veteran's current condition does not meet the criteria for service connection.,The previously denied claim of entitlement to service connection for a right ankle disability has been reopened and granted. The Veteran currently has a diagnosed right ankle disability.

The Veteran's adjustment disorder with mixed anxiety and depressed mood to include traumatic brain injury was granted an initial rating of 70 percent. The Veteran's primary headaches were denied a compensable rating.

The Board has remanded the claims for further action due to inadequate medical opinions and procedural issues. The Veteran's right ankle disability is being evaluated in relation to his service-connected bilateral foot strain with metatarsalgia, as well as obesity/weight gain.

The Veteran's claims for increased disability evaluations for his service-connected left ankle and left knee disabilities have been denied. The current ratings of 10 percent are considered appropriate based on the limited range of motion demonstrated.

The Board has dismissed the appeals for service connection for bilateral foot synovitis and tenosynovitis, bilateral ankle synovitis and tenosynovitis, and bilateral hallux valgus due to an already-pending appeal of these issues from a previous VA Form 10182.

The Veteran's claims for left ear hearing loss, left knee disorder, right knee disorder, and right ankle disorder are denied as the evidence does not support a finding that these conditions began during service or are otherwise related to an in-service injury, event, or disease.,Service connection for sinusitis is also denied.

The Board denied the Veteran's claim for service connection for a left ankle disability, finding that there is no evidence to support a relationship between his current condition and any in-service injury or disease.

The Board has remanded the cases for additional development due to insufficient opinions regarding the etiology of the Veteran's left ankle condition and tension headaches.

The Veteran's left hip strain is caused by his service-connected radiculopathy of the lower extremities. The Board finds that there is at least a 50% likelihood that the Veteran's bilateral flat feet are caused or aggravated by his service-connected ankles.

The Board has remanded the Veteran's claims for additional development due to inadequate medical opinions and missing VA treatment records. The issues include increased ratings for knee conditions, service connection for ankle, hand, foot, and cardiac conditions.

The Veteran's claim for service connection based on aggravation of a preexisting umbilical hernia is granted. The effective dates for the awards of service connection for left leg varicose veins and left ankle disabilities are denied. The claims for service connection for left foot disability, melanoma, and blindness due to Camp Lejeune exposure are remanded.

The Veteran's migraine headaches are currently rated at 30 percent prior to October 15, 2018. The Board finds the disability picture shown in the October 2018 VA examination report best represents her disability for this period.,The Veteran has multiple service-connected disabilities that require further evaluation and clarification of their etiology.

The Veteran's right and left ankle disabilities were granted initial ratings of 20 percent each, effective from the dates specified in the decision.