Ankle decisions — 2023

The Board has remanded the claims for cervical spine disability, bilateral ankle disabilities, and OSA due to inadequate VA examinations. The effective date of TDIU is inextricably intertwined with these service connection claims.

The Board has determined that additional evidence is needed to fully and fairly consider the merits of the Veteran's claims, including those related to service connection for various conditions. The case is therefore being remanded.

The Board denied service connection for the Veteran's claimed headache, IBS, and GERD disabilities. The Board also denied service connection for his left knee, right heel, and right ankle disabilities as secondary to service-connected PTSD, scar of the right ankle, tinnitus, and/or other conditions. No rating was assigned.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation prior to December 22, 2017. The Board denied the TDIU claims as there was no single service-connected disability (excluding multiple myeloma rated 100%) rendering the Veteran unable to secure or follow a substantially gainful occupation from December 22, 2017.

Effective November 30, 2011, the Veteran's service-connected disabilities have prevented him from securing or following a substantially gainful occupation.

The Board has determined that additional evidence is needed to fully and correctly decide the Veteran's claims for service connection, including a new examination for his left lateral collateral ligament sprain. The issues of service connection have also been remanded.

The Veteran's vertigo is granted as secondary to his service-connected tinnitus. The initial compensable rating for hemorrhoids prior to April 20, 2019 has been granted. A 10 percent rating is assigned from April 20, 2019 onwards.,An effective date of January 28, 2014, is granted for the 40 percent disability rating for fibromyalgia. The Veteran's right knee disability and sinusitis are denied initial ratings in excess of their current ratings.

The Board has remanded the cases for further development due to inconsistencies in the examination reports and need for clarification regarding pain points during range of motion testing.

The Veteran's right ankle, right knee, left knee, and right shoulder disabilities have been granted initial evaluations of 10 percent each. The Veteran's left shoulder disability has also been granted a 20 percent evaluation.,Service connection for right carpal tunnel syndrome was remanded, while service connection for insomnia related to TBI was denied.

The Board has remanded the claims for service connection for heart disability, left knee disability, right ankle disability, OSA, and diabetes mellitus due to incomplete VA treatment records and lack of adequate medical opinions.

The Veteran's service-connected disabilities, including lumbar spine disability, right ankle disability, and lower extremity neuropathy, have prevented him from securing or maintaining substantially gainful employment. The Board has remanded the case for consideration of TDIU on an extraschedular basis.

The Board dismissed the appeal for service connection of a skin condition. The Veteran's claim for TDIU on an extraschedular basis was granted from July 29, 2013 to April 23, 2019.

The Board has granted the Veteran's petitions to reopen her previously denied claims for service connection for headaches, tinnitus, rheumatoid arthritis, a lumbar spine disorder, a right ankle disorder, a left ankle disorder, a right wrist disorder, and a left wrist disorder. The appeals are remanded for further development.

The Veteran's service-connected disabilities have rendered him unemployable since May 7, 2011. The Board has granted a TDIU on an extraschedular basis.

The Board denied the Veteran's claim for TDIU on an extraschedular basis prior to July 17, 2018 due to a lack of evidence showing that her service-connected disabilities alone rendered her unable to secure or follow a substantially gainful occupation.

The Veteran's claims for service connection of allergies and sinusitis have been reopened, and his right ankle LCL sprain has been granted. His MDD rating has been increased to 70 percent, effective from August 8, 2013.

The Board has granted service connection for degenerative joint disease of the right and left ankles, finding that the Veteran experienced ankle pain during and since separation from service.

The Veteran's appeal for a higher rating for his ankle condition is dismissed due to his death.

The Veteran's GERD is granted service connection as it was aggravated by aspirin used for his service-connected headaches. The claims for right ankle, bilateral hip disabilities, and acquired psychiatric disability are denied.

The Board has remanded the claims for service connection due to missing VA examinations and insufficient opinions regarding the etiology of the Veteran's disabilities.