Ankle decisions — 2023

The Veteran's TDIU claim is remanded due to ambiguity in the record regarding his earnings prior to August 18, 2016. The case will be referred for extraschedular consideration if it is determined that his employment was marginal.

The Board has remanded the cases for further development regarding the withholding of VA compensation benefits payments for military drill pay and the determination of entitlement to TDIU. The Veteran's right knee and right ankle disabilities are at issue.

The Veteran's left ankle disability is granted as service connected. The right knee and respiratory disabilities are remanded for further examination and opinion.

The Board has remanded the claims for increased ratings and TDIU due to inadequacies in previous examinations and inconsistencies in medical records.

The Board denied a rating in excess of 10 percent for the Veteran's fractured right ankle from September 16, 2012, as his range of motion was only moderately limited.

The Veteran's right ankle disability is currently rated at 10 percent, but the Board finds that there is no evidence of marked limitation of motion to warrant a higher rating.

The Board has found that additional evidence has been submitted and a supplemental statement of the case (SSOC) must be issued to consider this new evidence. The claims for increased ratings for lumbar spine disability and left ankle disability are being remanded.

The Veteran's service-connected disabilities, including asthma with chronic bronchitis and obstructive sleep apnea, have rendered him unable to secure or follow a substantially gainful occupation since January 13, 2022.

The Veteran's claims for service connection for a back disability and left ankle disability have been granted. The Board found that the current diagnoses are related to her in-service injuries.

The Board denied the Veteran's claim for service connection for left ankle pain, finding that there is no evidence of a current disability related to his in-service injury and that the Veteran did not seek treatment until 25 years after separation from active duty.

The Board has determined that the Veteran's tinnitus, left ankle disability (including bilateral hearing loss and right ankle disorder), and earlier effective date for service connection for a left ankle disability need to be remanded for further development. The Veteran's claims of service connection are being addressed.

The Veteran's appeal is remanded for further development regarding his cervical spine disability, left shoulder disability, and respiratory disorder.

The Board has restored the Veteran's disability ratings for his left and right ankle disabilities from 20% to 10%, effective December 1, 2018. The reduction was improper due to lack of improvement in the Veteran's ability to function under ordinary conditions.

The Veteran's claim for service connection of a left ankle disorder has been reopened. The initial rating for PTSD was increased to 50% prior to January 27, 2023, and denied thereafter. A rating in excess of 10% is denied for the right wrist carpal navicular fracture. Service connection claims for OSA, CFS, and fibromyalgia are remanded.

The Board has denied the Veteran's claims for service connection for left hip condition, allergies, sleep apnea, erectile dysfunction (ED), and a left ankle disability due to lack of current diagnoses in his medical records.

The Veteran's right hip disorder, genitourinary disorder other than erectile dysfunction (epididymo-orchitis), nasal disorder, and several musculoskeletal conditions are remanded for further development.,Service connection for the Veteran's claimed conditions is being remanded due to insufficient evidence linking them to service exposure or service-connected disabilities. Further examination and opinion may be necessary under recent changes in law related to toxic exposure claims.

The Board denied service connection for a thoracolumbar spine disability and a right ankle disability, as well as an increased rating for panic disorder without agoraphobia and antisocial personality disorder. The Board also remanded several issues including left shoulder disability, cervical spine disability, and SMC based upon the need for aid and attendance.,The Veteran's thoracolumbar spine and right ankle disabilities were not found to be related to service.

The Veteran's IBS is granted as a presumptive service connection due to a medically unexplained chronic multisymptom illness (MUCMI). The RO will need to provide an examination and obtain an opinion regarding the bilateral pes planus, diabetes mellitus, eye disability, and right ankle condition.,Service connection for bilateral pes planus, diabetes mellitus, any eye disability, and right ankle condition is remanded due to insufficient evidence. Additional examinations are needed to determine the etiology of these conditions.

The Veteran's service-connected disabilities have rendered him unable to secure or follow substantially gainful employment, and the Board has granted a TDIU from September 12, 2011. The issues of initial ratings for various shoulder, knee, ankle, and pain disorder disabilities are remanded.

The Board denied the Veteran's claim of service connection for a left ankle disability, finding that his current left ankle pain is not causally related to an injury or disease in service.