Ankle decisions — 2023

The claims for service connection for a back disorder, right knee disorder, and pes planus are reopened.,The claim for service connection for a right ankle disorder is denied.,The claim for service connection for a right shoulder disorder is denied.

The Veteran's claims for service connection and initial disability ratings are remanded due to the need for additional examinations and medical opinions regarding his claimed disabilities, as well as a TDIU claim.

The Veteran's appeal of the rating assigned for internal hemorrhoids has been denied as his symptoms do not meet the criteria for a compensable rating.,Service connection claims for hypertension and coronary artery disease are remanded due to new statutory duties under the PACT Act regarding toxic exposure risk activity (TERA).,The Veteran's appeals of the ratings assigned for left ankle strain and right ankle strain have been remanded as the April 2021 examination report is inadequate.,The issue of entitlement to TDIU has been remanded due to the need for further development regarding the Veteran's unemployability.

The Board has granted service connection for the Veteran's right hip status post replacement, finding that it was caused by his service-connected left foot and ankle degenerative arthritis with loss of use of the left lower extremity below the knee. The decision is based on a private medical opinion from Dr. C.P., who concluded that the Veteran's altered gait due to his left foot and ankle condition accelerated his right hip arthritis, necessitating the need for a total hip replacement.

The Veteran's service-connected disabilities did not prevent him from securing or following substantially gainful employment prior to September 28, 2012. Therefore, the claim for a total disability rating based on individual unemployability is denied.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that he is not unable to secure and follow substantially gainful employment.

The Board has remanded the claims for service connection for various lower extremity conditions due to incomplete records and need for further examination.

The Veteran's service-connected disabilities prevented him from securing and maintaining substantially gainful employment prior to December 3, 2012. The Board has remanded the case for further development including referral to the Director of Compensation Service for extraschedular TDIU consideration.

The Board has dismissed all pending appeals due to the appellant's withdrawal of the appeal prior to the promulgation of a decision.

The Board has remanded the case due to a pre-decisional duty to assist error and inadequate opinions. The Veteran's right ankle disorder is related to service, but secondary service connection for his right knee strain and hypertension must be considered.

The Board has granted service connection for left knee pain, right knee pain, left ankle pain, and right ankle pain. The Veteran's symptoms have persisted since his military service.

The Veteran's service-connected disabilities, including bilateral hearing loss and right knee strain with traumatic arthritis associated with residuals of right ankle fracture, make it unlikely that he is able to obtain and maintain substantially gainful employment. The Board has granted a TDIU based on this finding.

The Board has denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, an acquired psychiatric disorder (including PTSD, anxiety, and insomnia), headaches, traumatic brain injury, obstructive sleep apnea, knee disorders, foot disorders, ankle disorders, elbow disorders, shoulder disorders, hip disorders, hand disorders, wrist disorders, lumbar spine disorders, shin disorders, cold injury disorders, upper extremity cold injury disorders. The Board found that the Veteran did not have a diagnosis for these conditions during service or within one year of discharge and thus could not establish service connection.

The Veteran's prostate cancer is granted as a result of in-service herbicide exposure. The bilateral ankle disorder claim is remanded due to duty to assist error.

The Veteran's claims for service connection for left hip, right ankle, and left ankle disabilities are denied as there is no evidence of a current disability during the pendency of the claim.,For the issue of increased rating for bilateral plantar fasciitis, the Board will address it later within this decision.

The Board has determined that a remand is necessary to correct the pre-decisional duty to assist error and obtain an adequate VA examination for the Veteran's left knee disability.

The Veteran's claims for increased ratings for right knee strain and residuals of right ankle condition are being remanded due to the need for additional medical opinions regarding the severity of his disabilities during flare-ups.

The Board denied service connection for a left ankle sprain, gout, left knee strain, and mild left shoulder degenerative changes as they are not related to the Veteran's military service.,There is no evidence in the record that links any of these conditions to the Veteran's active duty or National Guard service.

The Board has granted service connection for left ankle tendinopathy, right ankle tendinopathy, and right knee patellofemoral pain syndrome, finding that the Veteran's current disabilities are related to his active duty.

The Veteran is granted an effective date of March 17, 2021 for his service-connected degenerative arthritis right ankle.