Ankle decisions — 2023

The Veteran's service-connected disabilities, including major depressive disorder, right and left knee conditions, hip and ankle arthritis, tinnitus, and other impairments, render him unable to secure or follow a substantially gainful occupation. The Board finds that the criteria for a TDIU are met.

The Board has remanded the Veteran's claims for sleep apnea, lumbosacral strain (claimed as low back condition), left hip strain with painful motion, left knee strain, lateral collateral ligament of the left ankle, flexion limitation of the left thigh, and extension limitation of the left thigh due to a lack of definitive evidence linking these conditions to service. The Veteran is required to undergo additional VA examinations for these claims.

The Board has determined that the VA's development was inadequate and has ordered additional examinations to address the Veteran's claims for service connection of his back, right ankle, and left ankle disabilities. The issues have been remanded.

The Board has denied the Veteran's claims for service connection for left ankle, great toe, foot, gastrointestinal, and prostate conditions due to a lack of evidence linking these disabilities to his military service.

The Veteran's claims for increased ratings and service connection are being remanded due to incomplete records, need for new VA examinations, and consideration of the low back disability as secondary to service-connected ankle disabilities.

The Board has remanded the case for further examination and opinion regarding the Veteran's neurological leg disorder, including any restless leg syndrome. The examiner should consider the total potential exposure through all applicable military deployments; and the synergistic, combined effect of all toxic exposure risk activities.

The Board denied the Veteran's claims for service connection for back disability and left ankle disorder, finding no evidence of a current disability related to his military service.

The Veteran's disability rating for left ankle strain is increased to 20 percent, effective July 16, 2018. TDIU was granted prior to this date and remains in effect.

The Board has vacated the November 2022 decision and remanded several issues for further development, including VA examinations to assess the severity of the Veteran's disabilities.

The Veteran withdrew his appeal for the genitourinary disability issue during a hearing before the Board. The remaining issues of service connection are remanded.

The Board has granted service connection for a low back disability and a bilateral ankle disability, finding that the Veteran's symptoms began during active service and have continued since.

The Board has determined that additional examinations are needed for the Veteran's claims, and he is advised to attend these appointments. The pulmonary breathing disorder claim also requires further examination and testing.

The Veteran's service-connected disabilities have prevented him from obtaining and maintaining gainful employment prior to January 30, 2020. The Board has determined that remand is necessary to address this issue.

The Veteran's claims for increased ratings for right ankle osteoarthritis and lumbosacral spine DDD with IVDS are denied. The Board found that the evidence did not support a higher rating for either condition.

The Veteran's right ankle disability is remanded for further development, including obtaining updated VA treatment records and scheduling a VA examination to determine the nature and etiology of his right ankle disability.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's cause of death was related to service-connected conditions or military service.

The Board has remanded the claims of service connection for headaches, a heart condition (including hypertension), a bilateral condition, a left ankle disability, and a right ankle disability due to incomplete records from the VA Medical Center in Long Beach, California prior to 1997.

The Veteran is granted a total disability rating based on unemployability due to service-connected disabilities prior to March 29, 2018. The issue of entitlement to a TDIU from March 29, 2018 was dismissed as moot.

The Veteran's left ankle disability, including a bone fracture, ligament sprain, and arthritis, is rated at 20 percent effective as of the date of decision.

The Board has remanded the claims for a new VA examination to assess the severity of the Veteran's service-connected back disability and associated lower extremity radiculopathy, as well as her right ankle disability. The evaluations for the lower extremity radiculopathies must be adjudicated for the entire appeal period.