Ankle decisions — 2023

The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU under 38 C.F.R. § 4.16(a) during the period on appeal. The Board has identified a duty to assist error and must refer the matter to the Director of Compensation Service for extraschedular consideration.

The Board has determined that the Veteran's current left ankle disorder is not related to service, and thus denied her claim for service connection.

The Veteran's service-connected disabilities did not render him unable to obtain and maintain substantially gainful employment prior to December 21, 2021.

The Veteran's appeal for a higher rating for his right ankle strain is remanded due to inadequate examination and the need for additional evidence.

The Veteran's claims for service connection were received within one year of his retirement and remained pending until they were adjudicated in an August 2015 rating decision. The effective dates for the awards of service connection are set at July 1, 1995.

The Veteran's left shoulder and ankle disabilities are remanded for further examination to determine if they are secondary to his service-connected right shoulder and left knee disabilities, respectively.

The Veteran's cervical spine, left knee, right hand, bilateral pes planus, bilateral plantar fasciitis, and left hip disabilities were not found to be related to service or secondary to a service-connected condition. The right ankle disability was denied as the rating did not meet criteria for ankylosis.

The Board has remanded the Veteran's claim for service connection for a right heel and/or ankle condition due to inadequate opinions in the March 2023 VA examination, as well as the need to obtain private medical records related to his treatment.

The Veteran's appeal for service connection on all issues except eye problems, tinnitus, and stomach problems (undiagnosed or medically unexplained chronic multi-symptom Gulf War illness) has been dismissed. The claim of service connection for left wrist disability, right wrist disability, left ankle disability, right ankle disability, left knee disability, right knee disability, back disability, and psychiatric disability (including PTSD) is remanded.

The Veteran's left and right ankle disabilities have not met the criteria for a higher rating under the applicable VA rating criteria, as there is no evidence of marked limitation of motion in either ankle.

The Board has decided to remand the case due to duty-to-assist errors and a missed VA examination. The Veteran's right ankle disability claim will be reconsidered with a new examination.

The Veteran's claims for clothing allowances based on the use of a right ankle brace and skin ointments were denied as she did not have service-connected conditions that would qualify her for these allowances.

Service connection is granted for chronic sinusitis and left ankle sprain, but denied for right thumb sprain and right index finger laceration.,The Veteran's current symptoms of chronic sinusitis and left ankle sprain are considered to be related to service. However, there is no evidence linking the right thumb sprain or right index finger laceration to his military service.

The Board has determined that a VA examination is needed to determine if the current left ankle disorder is related to an injury incurred during ACDUTRA in March 11, 2016.

The Board denied the Veteran's claim for service connection of a left ankle condition, finding that there is no evidence to support a link between his current condition and an in-service injury.

The Veteran's claim for a rating in excess of 10 percent for tinnitus has been denied as there is no legal basis for such.,Service connection for gum disease was denied because it does not constitute a compensable disability for VA compensation purposes.,Claims for total disability ratings due to hospital treatment or observation and convalescence have been denied due to lack of evidence supporting the required periods of hospitalization or convalescence.,Spousal aid and attendance prior to October 22, 2018 was denied as there is no evidence that the Veteran's ex-spouse needed regular aid and attendance.,Service connection for peripheral vestibular disease (PVD) has been remanded due to a conclusory opinion from the VA examiner.,Claims for bilateral hearing loss have been remanded as the Veteran alleges worsening since his last examination in October 2017.,Claims for various ankle, elbow, hip, knee, and shoulder conditions have all been remanded.

The Veteran's claims for compensation under 38 U.S.C. § 1151 for bilateral knee conditions and service connection for bilateral ankle conditions have been denied.,The Veteran's claim for service connection for a bilateral foot condition has been remanded due to uncertainty regarding the etiology of his current foot conditions.

The Board has remanded the Veteran's claims for service connection for various conditions due to insufficient evidence and need for further examination.

The Board denied service connection for various ankle, knee, hip, migraine, and eye conditions. The Veteran's current diagnoses were not related to his active service.,The VA examiner provided medical opinions stating that the Veteran's diagnosed conditions are more likely due to normal aging or unrelated to service.

The Board has determined that additional development is needed to address the Veteran's claims for service connection of various disabilities, including thoracolumbar spine, left knee, right knee, right shoulder, and right ankle conditions. The case will be remanded for further examination and opinion.