Ankle decisions — 2023

The Veteran's left shoulder, right shoulder, back, knee, ankle, and foot conditions are all found to be etiologically related to his active service.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's service-connected disabilities, including his depressive disorder and left ankle strain, have rendered him unable to secure or follow a substantially gainful occupation since April 1, 2019.

The Board has remanded the claims for service connection for a lumbar spine disorder, left ankle disorder, and left knee disorder due to insufficient medical opinions. The Veteran's testimony and VA treatment records will be considered in determining the nature and etiology of these conditions.

The Board has remanded the Veteran's claims for service connection for a left ankle condition and right knee condition due to insufficient development in previous VA examinations.

The Veteran's claims for increased ratings and TDIU are being remanded due to non-compliance with previous Board directives.

The Board has denied the Veteran's claim for service connection for a right ankle disability, finding that there is no evidence of chronic right ankle symptoms during or within one year after service separation. The Board also found insufficient medical opinion to establish a nexus between current right ankle arthritis and service.

The Veteran's right ankle disability is currently rated as 10 percent disabling, and the Board has granted a separate 10 percent rating for his bilateral lower extremity peripheral neuropathy. The appeal related to the initial rating for the right ankle disability was granted.

The Veteran's claims for increased ratings and service connection are remanded due to the need for additional evidence and examination.

The Board denied service connection for right arm, lumbar spine, cervical spine, feet, and ankle disabilities as the evidence did not establish a nexus between these conditions and service. The Veteran's symptoms were found to be more likely related to his 1984 separation from service or an underlying condition (gout) that began after service.

The Veteran's right ankle disability was denied a higher rating as it did not meet the criteria for a 20% rating under the current VA rating schedule.,Service connection for obstructive sleep apnea was also denied, with the Board finding that there is no evidence of its onset during service or causation by any service-connected condition.

The Board has remanded the case due to a need for further development regarding whether the Veteran's service in July 2012 was Federalized service, which is required for her claim of service connection.

The Board has remanded the claims for service connection for back and right ankle disabilities due to insufficient medical evidence. The Veteran's lay statements will be considered, along with his service treatment records.

Service connection is granted for headaches, hypertension, bilateral hearing loss disability, and thoracolumbar spine disorder.,Service connection is denied for hypercholesterolemia (high cholesterol), chronic fatigue syndrome (CFS), RIGHT ankle disorder, LEFT knee disorder, RIGHT knee disorder, radiculopathy of the RIGHT lower extremity, radiculopathy of the LEFT lower extremity, and cervical spine / neck disorder.,Service connection is remanded for radiculopathy of the RIGHT upper extremity and radiculopathy of the LEFT upper extremity.

The Board has determined that additional development is needed to fully adjudicate the Veteran's claims, including obtaining SSA records and VA treatment records. The Veteran will be provided with VA examinations for his claimed disabilities.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder, to include PTSD, and a left ankle disorder. The evidence did not support finding that these conditions began during active service or were related to in-service events.

The Veteran's claim for service connection for tinnitus is granted. The claims for service connection for left ear hearing loss, lumbar spine disorder, left hip disorder, right hip disorder, left knee disorder, right ankle disorder, and right foot disorder are denied.

The Veteran's claims for service connection and rating increases are being remanded due to the need for additional development, including obtaining SSA records and an opinion on the etiology of his hypertension.

The Board has remanded the Veteran's claims for service connection for various knee, ankle, foot, and wrist disorders due to inadequate opinions in the February 2021 VA examination reports. The examiner is requested to provide addendum opinions addressing the nature and etiology of these disorders, including their relationship to service.

The Veteran's claim for an initial evaluation in excess of 30 percent for hysterectomy prior to June 3, 2019 is denied. Beginning June 3, 2019, the Veteran is granted a rating of 50 percent for her service-connected hysterectomy. The claim for TDIU is also denied.