Ankle decisions — 2023

The Board has denied service connection for left hip and right shoulder disorders due to a lack of current diagnoses. The Veteran's claims are remanded for further development regarding his bilateral ankle and lumbosacral spine conditions.,The Board has also remanded the issues related to the Veteran's left and right ankles, as well as his lumbosacral spine condition.

The Veteran's service-connected right ankle, left ankle, right knee, and left knee disabilities are rated at 10 percent. The Board has determined that the current VA examinations conducted in May 2018 do not adequately reflect the severity of his disabilities and remanded for further examination.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151 for a left ankle disability resulting from VA carelessness, negligence, or lack of proper skill, finding that there was no evidence to support the contention that the disability resulted from such issues.

The Board has determined that the Veteran's service-connected disabilities did not prevent him from securing and following a substantially gainful occupation during the period from December 1, 2015 to July 26, 2018. Therefore, entitlement to TDIU for this period is denied.

The Board has granted service connection for right shoulder strain and right ankle sprain as proximately due to the Veteran's service-connected left shoulder strain and left ankle achilles tendonitis, respectively.

The Board has remanded the Veteran's claims for asthma, hand disabilities, knee disabilities, ankle disabilities, and migraines due to inadequate medical opinions. The AOJ is instructed to verify all periods of active service, ACDUTRA, and INACDUTRA and associate any outstanding records with the claims file. Addendum VA examinations are required to address the etiology of the Veteran's asthma, hand, knee, ankle, and migraine disabilities.

The Board has denied the Veteran's claims for service connection for heart conditions, right ankle condition, left wrist condition, and right wrist condition due to insufficient evidence. The claims are remanded for further development.

The Veteran's claims for higher ratings for pes planus with hallux valgus, degenerative joint disease of the right ankle, and degenerative joint disease of the left ankle were denied. The Board found that there was no evidence to support a compensable rating for pes planus with hallux valgus or a rating in excess of 10 percent for either ankle condition.

The Veteran's right ankle disability, including a strain and ligament tear, is found to have manifested in service. The Board has determined that the criteria for service connection are met.

The Veteran's claims for service connection have been readjudicated due to the submission of new and relevant evidence. The claims for pes planus, hearing loss, back impairment, left ankle impairment, right ankle impairment, tinnitus, and left finger impairment are all being remanded for further development.,New and relevant evidence has been submitted in support of the Veteran's service connection claims for pes planus, hearing loss, back impairment, left ankle impairment, right ankle impairment, tinnitus, and left finger impairment. These claims will be reconsidered.

The Veteran's ED and sleep apnea were not manifest during service, and are not otherwise etiologically related to such service.,The Veteran's right and left knee disabilities may be secondary to his service-connected bilateral pes planus (flat feet) and nonservice-connected right and left lower extremity calf strain. The Board finds that an addendum VA medical opinion is warranted.

The Board has remanded the claims for service connection for dry eye syndrome, low back injury, right shin injury, right ankle injury, and right foot injury due to outstanding private treatment records.

The Board has determined that the addendum medical opinions are inadequate for adjudicating the Veteran's claims and requires remand to address the secondary service connection theories of entitlement, specifically as secondary to obesity.

The Board has determined that the Veteran's service-connected disabilities, particularly his lumbar spine and lower extremity musculoskeletal and neurological conditions, necessitate regular aid and attendance of another person. The evidence is in relative equipoise as to whether these conditions result in the need for such assistance.

The Veteran's appeal is remanded for further development, including obtaining VA and private treatment records, scheduling examinations to assess the severity of her right ankle disability and surgical scars, and assigning an appropriate rating based on the evidence.

The Veteran is granted an Extraschedular TDIU from January 30, 2001 to December 19, 2002 due to his service-connected disabilities preventing him from securing and maintaining substantially gainful employment.

The Board denied service connection for a right ankle disability, finding that the evidence did not show a current disability related to service.

The Veteran's appeals for increased ratings and service connection have been dismissed as the appellant has withdrawn her appeal on all issues.

The Veteran's claims for an evaluation in excess of 10 percent for a right ankle disability, and service connection for right knee, left knee, and left ankle disabilities have been dismissed from the modernized appeal system due to procedural issues.

The Veteran's service-connected disabilities, including persistent depressive disorder, sleep apnea, lumbosacral strain, and other conditions, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted the TDIU based on these service-connected disabilities.