Ankle decisions — 2023

The Board has remanded the claims of service connection for left ankle condition and rash due to insufficient evidence regarding their etiology.

The Board has dismissed the appeals of service connection for various conditions due to incorrect forms being used in the appeal process.

The Board has granted service connection for osteoarthritis of the left ankle joint, finding that it had its onset in service and is related to a previous injury sustained during active duty.

The Board has determined that the Veteran's September 2019 VA Form 9 was timely filed in response to the September 2017 Statement of the Case, and thus grants the appeal.

The Veteran's claims for service connection for left foot plantar fasciitis and left ankle condition have been granted. The Board also remanded several other issues, including initial increased ratings for various hip conditions.

The Veteran's initial rating for PTSD has been increased to 50 percent, effective January 16, 2019. The right ankle disability remains at a 10 percent rating.

The Board denied the Veteran's claim for service connection of a right ankle disability due to lack of evidence of current disability.,The Board also denied an increased rating for the Veteran's left ankle disability, as there was no indication that his symptoms have worsened beyond what is already accounted for in the current 10% rating.

The Veteran's appeals for increased disability ratings for degenerative joint disease of the left knee and degenerative changes of the left ankle have been denied. The current ratings are considered appropriate based on the evidence provided.

The Board has determined that the Veteran does not have a Cesarean section scar and therefore, service connection for this condition is denied.,The Board has also determined that the left ankle disorder is related to reserve service and thus, service connection is granted.

The Veteran's bilateral pes planus was noted at entry to service and is considered a pre-existing disability. The presumption of aggravation attaches, and the Board finds that there is not clear and unmistakable evidence that the condition did not worsen during service.,Service connection for right ankle disability, left knee disability, and right knee disability are granted as secondary to the now-service-connected pes planus.

The Board has withdrawn the appeals for Right Knee and Right Ankle disabilities due to withdrawal by the Veteran. The Low Back Disability appeal is being remanded for further evaluation.

The Veteran's right and left shoulder disabilities are granted as service-connected.,Service connection for sleep apnea, right ankle disability, and left ankle disability is also granted.

The Veteran's prostate cancer and related disabilities were denied service connection due to lack of evidence showing onset or relationship to service.,Service connection for PTSD was also denied, as the Veteran did not provide sufficient evidence to show that his condition manifested in service.

The Veteran's cervical spine, bilateral knee, left shoulder, right ankle, and right ankle scar disabilities have been granted service connection.,Residuals from a head injury (including traumatic brain injury and headaches) and bilateral detached retinas are remanded for further examination.

The Veteran's application to reopen his claim for service connection for right ankle Achilles tendonitis was denied as new and material evidence had not been received.,Service connection for COPD due to exposure at Camp Lejeune was denied, with the Board finding no current diagnosis of COPD in the record.,Service connection for pulmonary embolism claimed as coronary heart disease due to exposure at Camp Lejeune was also denied, with the Board noting a lack of current diagnosis and insufficient evidence to establish a causal relationship.,The Veteran's claims for service connection for neck disorder, hypertension, left knee DJD, and right knee DJD were remanded for further review.

The Board has denied the Veteran's claims for service connection for fibromyalgia and for increased ratings for his left and right ankle degenerative arthritis. The case is being remanded to provide additional examinations.

The Board has decided to remand the veteran's claims for service connection due to the lack of available service treatment records and the need for VA examinations.

The Board has remanded the case to refer the issue of entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities for extraschedular consideration. The AOJ is directed to obtain an opinion from the Director of Compensation Service regarding this matter.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation beginning July 30, 2014. The Board granted TDIU for this period.

The Board has denied the readjudication of claims for service connection for various ankle and elbow conditions, as well as left ear hearing loss. The evidence submitted did not meet the new and relevant criteria to reopen these previously denied claims.