Ankle decisions — 2023

The Board has remanded the Veteran's claims for asthma, left hand disability, right ankle disability, and right foot disability due to insufficient medical opinions regarding their etiology.

The Veteran's claims for higher disability ratings and a TDIU are being remanded due to duty-to-assist errors in the prior rating decision.

The Veteran's claims for service connection were denied as they were received within one year of his separation from active service, and the effective dates cannot be earlier than August 1, 2013.

The Board has remanded the claims for a right ankle and right foot disability as secondary to service-connected left foot, left ankle, or left knee disabilities due to insufficient medical opinions addressing causation and aggravation.

The Board has granted a separate 20 percent disability rating for right ankle instability, but denied an increased rating in excess of 10 percent for post-operative residuals of fracture, right lateral malleolus with degenerative joint disease (right ankle disability).

The Veteran's claims for service connection for chronic right and left ankle disorders, as well as chronic right and left knee disorders, have been denied. The Board found that the evidence did not support a finding of in-service injury or disease related to these conditions.,For his chronic right shoulder disorder and chronic left shoulder disorder, the Veteran's claims were also denied.

The Veteran's claims for service connection for depression, anxiety and panic attacks, diabetes mellitus type II, right shin splints, left hip disability, left foot disability, right foot disability, difficulty breathing (asthma), bilateral eye disability, right ankle disability, left ankle disability, and chest pain have been denied due to lack of evidence showing a link between these conditions and service.,New evidence received since the last denial has not provided sufficient information to support the Veteran's claims for service connection for depression, anxiety and panic attacks, diabetes mellitus type II, right shin splints, left hip disability, left foot disability, right foot disability, difficulty breathing (asthma), bilateral eye disability, right ankle disability, left ankle disability, and chest pain.

The Veteran's claims for service connection for various conditions, including bilateral hearing loss, right wrist disability, left wrist disability, left knee disability, low back disability, depression, anxiety, right ankle disability, and right knee disability have been denied. The claims are being remanded for further examination and opinion.

The Veteran's claims for higher ratings and service connection for his ankle disabilities, shin splints, and knee disorders are remanded due to the need for additional examinations to assess their current severity and etiology.

The Veteran's PFB is currently rated at 10 percent, and the Board has remanded to determine if a higher rating is warranted based on systemic therapy use.,Service connection for right ankle disability, left ankle disability, and left foot pes planus are denied as there is no evidence of in-service injury or disease.

The Board has remanded the claims of service connection for various conditions, including depression, ankle, hip, and knee issues. The VA treatment records are to be considered in the first instance.

The Board has remanded the cases of service connection for left and right ankle disabilities, as well as left and right knee disabilities due to a request from the Veteran's attorney.

The Board has ordered the AOJ to complete several actions related to the Veteran's claim for additional VA disability compensation benefits under the CRDP program, specifically for the period prior to March 1, 2010. The AOJ must obtain all relevant VA records and DFAS audit error worksheets, perform a paid and due audit, and readjudicate the claim.

The Board dismissed the appeals for service connection for a right ankle disorder and a rating in excess of 10 percent for left knee tricompartmental osteoarthritis due to the Veteran's withdrawal of these issues.

The Board has reopened the Veteran's claims for service connection for left ankle, left shoulder, and neck conditions due to new evidence submitted. However, these claims are still pending as further development is needed.

The Board has denied the Veteran's claims for service connection for cervical spine disability and tinnitus, but has remanded his claim for right ankle disability due to insufficient evidence.

The petition to reopen previously denied claims of service connection for residuals of a back injury and neck injury is granted. The petitions to reopen previously denied claims of service connection for right ankle condition and left ankle condition are also granted.

The Veteran's service connection claim for allergic rhinitis is granted. The remaining issues on appeal are remanded.

The Board has remanded the Veteran's claims of service connection for right and left ankle conditions due to inadequate medical opinions provided in August 2023. The Veteran contends his current ankle disabilities are related to military service, including a fall during rappelling training.

The Board has remanded the Veteran's claims for service connection for various knee and ankle conditions, as well as obstructive sleep apnea due to new evidence presented at a hearing. The claims will be reviewed with updated etiology opinions considering the Veteran's recent testimony.