Ankle decisions — 2023

The Board has decided to remand the cases of service connection for left and right ankle disabilities due to a lack of clarity on whether the appellant currently has these conditions, and because he alleges his symptoms began during service. The Board also notes that the appellant served in the Persian Gulf area and is eligible for presumptive service connection.

The Veteran's acquired psychiatric disorder, including PTSD, PFB, and left foot disability were all granted service connection as they are related to events that occurred during his military service.

The Veteran's service connection claims for GERD, cataracts, sleep apnea, umbilical hernia, right ankle disorder, left ankle disorder, and right shoulder disorder are all granted.

The claims for service connection have been reopened, but the Board has determined that additional development is needed before a final decision can be made.

The Board has granted service connection for osteoarthritis of bilateral ankles, chronic degenerative disc disease of the lumbosacral spine with bulging disc, and osteoarthritis of bilateral knees. The decision is based on evidence in equipoise as to whether these conditions are related to the Veteran's in-service rheumatic fever.

The Veteran's service-connected disabilities prevented him from securing and following any substantially gainful occupation prior to October 22, 2020.

The Veteran's claim for a higher rating for his right ankle disability is denied. His initial compensable rating for dermatitis/eczema prior to May 10, 2018 is also denied. The Board finds no evidence of service connection for sleep apnea.

The Board has determined that there is no evidence of a current left ankle disability or bilateral lower extremity radiculopathy at any time during the pendency of the claim.,There is also no evidence to support the Veteran's claims for service connection for a low back disability and a left knee disability.

The Veteran's service-connected scars, pigmentation, burns (2nd degree), bilateral ankle are being remanded for further examination and updated medical records to determine the current severity of his condition.

The Board has dismissed all service connection claims for various conditions, including pulmonary embolism with small cell lung cancer and peripheral neuropathy of multiple extremities. The Veteran's death during the appeal process means that no final decision can be made on these claims.

The Veteran's acquired psychiatric disorder, to include anxiety and depression, is granted as service connected. Service connection for lower urinary tract syndrome secondary to prostatitis, urethral blockage secondary to prostatitis, chronic bilateral ankle strain, and sciatic nerve, right lower extremity secondary to lumbar spine are all withdrawn.

The Board has remanded the Veteran's claims for service connection for right and left hip, ankle, knee disabilities, and sleep apnea due to incomplete medical opinions regarding obesity, PTSD, and the etiology of these conditions.

The Board has found a procedural error in docketing the Veteran's appeal and is remanding for issuance of a statement of the case regarding the issues of service connection for bilateral hearing loss, and whether new and material evidence has been received to reopen claims of entitlement to service connection for right shoulder, left shoulder, right ankle, and left ankle disorders.

The Board has decided to remand the cases for further examination and evaluation due to inadequate previous examinations.

The Board has determined that the Veteran's right ankle disability resulted from VA treatment, specifically a misdiagnosis in January 2018. The decision grants compensation under 38 U.S.C. § 1151 for this condition.

The Veteran's claims for service connection for various nerve disabilities and a disability manifested by swelling/fluid retention of the feet/ankles are being remanded due to incomplete VA treatment records, lack of an advisory medical opinion regarding secondary service connection, and need for further examination.

The Veteran's tinnitus is granted service connection, but his bilateral hearing loss and left eyebrow scar are denied. The right hand condition, right knee condition, right ankle condition (claimed as secondary to right knee condition), and lumbar spine condition (claimed as secondary to right knee condition) are all remanded for further evaluation.

The Board has denied service connection for bilateral hearing loss and remanded the issues of service connection for lumbar spine disorder, psychiatric disorder, nerve impingement of the legs, right shoulder disorder, left shoulder disorder, right ankle disorder, left ankle disorder, and left foot disorder. The issues are inextricably intertwined with the issue of service connection for lumbar spine disorder.

The Veteran's appeals for service connection on these issues have been dismissed as the claims were withdrawn by his representative.

The Veteran withdrew their appeals for right and left ankle disabilities, so the cases are dismissed.