Ankle decisions — 2023

The Veteran's claims for a temporary total evaluation and increased ratings for his service-connected lumbar spine disability, bilateral lower extremity radiculopathy, left ankle disorder, and diabetes mellitus are being remanded due to the need for additional development.,The Veteran's claims for increased ratings for his service-connected lumbar spine disability, bilateral lower extremity radiculopathy, left ankle disorder, and diabetes mellitus are being remanded due to the need for additional development.,The Veteran's claim for an increased rating for his service-connected left lower extremity radiculopathy of the sciatic nerve is being remanded due to the need for additional development.,The Veteran's claim for an increased rating for his service-connected right lower extremity radiculopathy of the sciatic nerve is being remanded due to the need for additional development.,The Veteran's claim for an increased rating for his service-connected left lower extremity radiculopathy of the femoral nerve is being remanded due to the need for additional development.,The Veteran's claim for an increased rating for his service-connected right lower extremity radiculopathy of the femoral nerve is being remanded due to the need for additional development.,The Veteran's claim for service connection for a left ankle disorder, to include as secondary to a service-connected disability, is being remanded due to the need for additional development.

The appeals for increased disability ratings for right ankle sprain and sinusitis are dismissed due to the Veteran's death.

The Board has determined that the RO did not schedule VA medical examinations for the Veteran before deciding his claims, and thus there is a pre-decisional error. The claims are REMANDED to allow for VA examinations.

The Board denied service connection for various conditions, including right ankle condition, left ankle condition, left thumb sprain, right wrist condition, left knee condition (previously claimed as bilateral knees), lower left leg trauma, and left ear hearing loss. The Veteran's claims were not supported by current disability evidence.

The Board has denied service connection for a right ankle condition due to the lack of evidence showing a current disability. The case is remanded for further development regarding service connection for an acquired psychiatric condition, including PTSD.

The Board has granted service connection for right ankle, right knee, and left wrist disabilities. The decision is based on the evidence being in equipoise as to whether these conditions are related to service.,Service connection was also granted for bilateral upper extremity radiculopathy and left cubital tunnel syndrome.

Service connection is granted for PTSD with GAD, sleep impairment as part of PTSD and GAD, right elbow enthesopathy, left ankle gout, and left knee gout. Service connection is denied for gout, claimed as joint pain.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on need for regular aid and attendance as he is capable of attending medical appointments outside his home, does not require nursing care, and has no significant impairments that necessitate regular aid and attendance.

The Board has determined that the claims for service connection of various musculoskeletal disabilities and fibromyalgia must be remanded due to inadequate medical opinions provided in prior VA examinations. The Veteran's TDIU claim is also remanded as it may significantly impact the outcome of these service connection issues.

The Board has granted service connection for left tibia and/or fibula fracture, left ankle tendonitis, intervertebral disc syndrome, and right shoulder acromioclavicular joint separation with degenerative arthritis. These conditions are all determined to be related to the Veteran's active duty service.

The Board has granted the Veteran's claim for service connection of a right ankle disability, finding that her current disability is related to her military service.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and requests that he provide additional medical records. The claims will be reconsidered with the new information.

The Veteran's claims for service connection for depression and anxiety have been dismissed as the Veteran withdrew his requests to proceed with these issues.,Service connection has been granted for right ankle disorder, left ankle disorder, right hip disorder, and left knee disorder. The Veteran's obesity is considered an intermediate step between his service-connected back disability and these disorders.

The Veteran's TBI residuals are currently rated as part of his service-connected psychiatric disorder, and he does not have a separate rating for these residuals. The Board finds no basis to grant a higher rating.,The Veteran's right knee DJD is currently rated based on limitation of flexion only. He seeks an increased rating for limitation of extension.

The Board has granted service connection for left knee joint osteoarthritis. The issues of service connection for left ankle disorder, low back disorder, and left hip disorder are remanded due to the need for a VA examiner's opinion using the but-for causation standard.

The Veteran's claims for service connection for left ankle disability and sleep apnea were initially denied. New evidence was submitted, reopening the claims. However, both conditions were still not found to be related to service.

The Veteran's claims for increased ratings for degenerative joint disease of the thoracic spine, left ankle disability, and bilateral lower extremity radiculopathy have been dismissed.,The Veteran's claim for service connection for left heel disability has been denied.,The Veteran's claim for service connection for left knee disability has been denied.

The Veteran's service-connected disabilities alone did not prevent him from securing and following substantially gainful employment prior to March 2, 2018.,There is no evidence showing that the Veteran's COPD is related to his active-duty service.

The Board has determined that remand is necessary for the Veteran's OSA, insomnia and memory loss disability, right hip and thigh disability, left hip and thigh disability, right knee disability, right elbow disability, left ankle disability, acquired psychiatric disability, and respiratory disability claims due to the need for additional medical opinions regarding their relationship to service.

The Board has granted service connection for a left ankle disability and remanded the claims for bilateral hearing loss and right knee disabilities.