Ankle decisions — 2023

The Board denied service connection for right ankle strain and fibromyalgia, but remanded the cases of fibroids and hysterectomy.,Service connection was not granted for right ankle strain or fibromyalgia due to lack of evidence linking current conditions to military service.

The Veteran's claim for bilateral hearing loss is denied as there is no evidence of a current disability.,The Veteran's stomach condition is remanded to obtain an opinion regarding direct service connection and secondary service connection.

The Veteran's right ankle fracture with degenerative arthritis is rated as 20 percent disabling, which is the maximum schedular rating permitted for limited motion of the ankle. The evidence does not support a higher rating.,The Veteran's lumbar spine degenerative arthritis with intervertebral disc syndrome and bilateral hip disabilities are remanded for further examination to determine their current severity.,The Veteran's right hip arthritis, limitation of flexion is remanded for further evaluation.,The Veteran's left hip arthritis, painful adduction with limited rotation and abduction is also remanded for further evaluation.

The Veteran's cannabis use disorder is not service-connected as it is a primary alcohol abuse disability.,There are no diagnosed elbow, ankle, or thumb conditions in the Veteran's service records.

The Board has remanded the Veteran's claims for service connection for left shoulder disorder, fibromyalgia, right and left ankle disorders due to incomplete compliance with its previous remand instructions.

The Veteran's claim for an increased rating for his right ankle disability was denied as he failed to report for necessary VA examinations without providing good cause.

The Veteran's right ankle disability is granted a 20% rating. Tinnitus and GERD remain at their current 10% ratings. The Veteran's right elbow and left elbow disabilities are denied higher ratings based on limitation of forearm flexion or pronation. The Veteran's shin splints and foot conditions do not warrant compensable ratings. Effective dates for service connection and increased ratings have been established.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment since September 8, 2008. The Board has granted a TDIU effective from that date.

The Veteran's TDIU claim has been denied as he is not unemployable due to any single service-connected disability.,Service connection for a left ankle disability and residuals of a right ear infection have been remanded due to inadequate medical opinions.

The claims for service connection for right and left knee disorders have been denied as new and material evidence has not been submitted to reopen the claims.,The claims for service connection for tinnitus and right ankle disorder have been reopened, but are still pending as remanded issues.

The Board dismissed the appeals for right ankle arthritis with osteophytes, status post fibula fracture and plantar fasciitis as well as the TDIU appeal due to the Veteran's withdrawal of the appeal.

The Board has remanded the Veteran's claims for service connection for left and right ankle disabilities due to inadequate medical opinions. A new examination is required to determine if these conditions are related to service or secondary to her service-connected disabilities.

The Veteran's diabetes mellitus, type II is related to his presumed in-service exposure to herbicide agents while on active duty in the territorial waters of Guam. The Board finds that the Veteran is presumed to have been exposed to herbicide agents during his service and grants service connection for diabetes mellitus as presumptively related to herbicide agent exposure.

The Veteran's left ankle disability is rated at 30 percent effective October 26, 2017. Prior to that date, the rating remains at 20 percent.

The Board has remanded the Veteran's claims for service connection for right shin leg pain and right ankle pain due to new evidence received since the prior denial. The claims are now pending before the AOJ.

The Board has denied service connection for left second toe melanoma residuals and remanded the issues of presumptive service connection for pes cavus in the Veteran's left foot and secondary service connection for his left ankle disability.

The appeal for service connection for a right ankle condition is dismissed. The Veteran's claim for entitlement to TDIU from December 18, 2014 is granted.

The Board has determined that the VA did not substantially comply with its remand directives and requires further development for the Veteran's claims of service connection for various orthopedic disabilities, including bilateral eye disorders.

The Veteran's bilateral hearing loss and tinnitus were granted service connection. The left ankle disability, hypertension, bilateral foot disability, respiratory disorder, and bilateral eye disorder claims are being remanded for further development.

The Board has dismissed the appeals for compensation under 38 U.S.C. § 1151 for right foot and right ankle disabilities due to the Veteran's death.