Ankle decisions — 2023

The Board has remanded the cases for further development and examination due to inadequate previous examinations.

The Board has decided to remand the case due to the need for a retrospective examination to assess functional impairment of the Veteran's left ankle disability from October 28, 2010 to December 13, 2021. The Veteran seeks an initial rating in excess of 10 percent prior to December 13, 2021.

The Veteran's claims for service connection for tinnitus, bilateral hearing loss, lumbar spine disability, left lower extremity radiculopathy (left hip), left hip disability, left ankle disability, and left foot disability are all granted. The claim for service connection for gastroesophageal reflux disorder (GERD) is also granted.

The Veteran's service-connected musculoskeletal disabilities led to obesity and subsequently obstructive sleep apnea (OSA). The Board has granted the claim for service connection of OSA as secondary to his service-connected musculoskeletal disabilities.

The Board has granted service connection for unspecified anxiety disorder. The remaining issues of entitlement to initial compensable rating for residuals of right orbital floor fracture, left elbow disability, and right ankle disability are remanded due to the need for additional development.

The Board has remanded the case for further development and consideration of whether the Veteran is entitled to a total rating based on individual unemployability (TDIU) due to his service-connected disabilities. The issue will be referred to the Director of Compensation Service for extraschedular consideration.

The Veteran's claims for bilateral hearing loss, TBI, left ankle disability, and PTSD have all been denied as there is no persuasive evidence of current disabilities or a causal relationship to service.,Service connection has not been established for any of the conditions listed.

The Board has remanded the cases for further development due to missing VA examinations. The Veteran's cervical spine, right ankle, and left ankle disabilities are being reviewed again.

The Board has decided to remand several cases involving service connection for various joint and musculoskeletal disorders, as well as sleep apnea and inguinal hernia. The Veteran's claims are being returned due to incomplete VA treatment records and inadequate VA nexus opinions.

The Board has decided to remand the cases for further review due to inadequate VA examination opinions and procedural issues.

The Board has determined that additional development is necessary for the claims of service connection for migraines and increased evaluation for bilateral pes planus. The Veteran will need to provide information about his treatment providers, and VA will attempt to obtain any outstanding records.

The Veteran's claims for increased ratings and service connection were denied. The decision also noted that the appeal period began on August 25, 2015.

The Veteran's right ankle disability is now rated at 20 percent effective November 15, 2021. The Board found that the Veteran's symptoms warranted a higher rating due to significant limitation of motion.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation as of September 21, 2022. The Board granted a TDIU based on the severity of his PTSD and other service-connected conditions.

The Veteran's VA disability benefits are denied because his separation pay was granted for his second period of service, and he received VA benefits based on that same period. The appeal is dismissed.

The Board has granted service connection for a left ankle disability and a right knee disability, both related to injuries sustained during active duty for training on August 4, 1981.

The Veteran's claims for high cholesterol, neck disability, right shoulder disability, right ankle disability, left ankle disability, and high blood pressure have all been denied. The Board found that there is no current disability for each condition.,There was insufficient evidence to establish a link between the claimed disabilities and service.

The Veteran's rating for service-connected degenerative arthritis with ganglion cyst, left ankle was reduced from 20 percent to 10 percent. The Board found that the reduction was improper and restored the original 20 percent rating.

The Board has granted the Veteran's claim for service connection for a left ankle disability, finding that it began during active service.

The Veteran's service-connected acquired psychiatric disorder (including PTSD) is denied as the evidence does not support a finding that it was incurred in or caused by his honorable period of service.,Service connection for right ankle disability, left ankle disability, and right shoulder disability are all denied due to lack of credible supporting evidence that these conditions began during active service.