Ankle decisions — 2023

The Veteran's claim for an effective date prior to July 17, 2010, for the award of service connection for a right ankle strain is granted.,The appeal regarding whether the Veteran filed a timely Substantive Appeal concerning the assignment of a 60 percent evaluation for CAD with CBG is denied.

The Board has granted service connection for tinnitus and remanded the issues of service connection for a left ankle disability and an acquired psychiatric disorder (PTSD).

The Veteran's appeal for an initial rating in excess of 10 percent for right ankle arthritis and a separate 10 percent rating for right ankle instability is being remanded due to the need for further evaluation.

The Board has remanded the claims for entitlement to a rating higher than 10 percent prior to November 13, 2021, for right ankle strain with spur and subtalar joint fusion, as well as the claim for TDIU prior to October 1, 2019. The RO must address these issues in a Supplemental Statement of the Case (SSOC).

The Board has granted service connection for left and right ankle/foot disabilities, but the case is remanded for a new VA examination to determine if the Veteran's current hearing loss disability had its onset during or is otherwise related to his active service.

The Veteran's claims for service connection for left ankle, left hip, and left shoulder disabilities have been granted. The claim for service connection for Meniere's disease is remanded due to the need for further examination.,New evidence has been submitted supporting the Veteran's claims of service connection for his left ankle, left hip, and left shoulder disabilities.

The Veteran's tension headaches and left ankle disability manifested by pain are granted service connection.,The Veteran's hypertension, secondary to major depressive disorder, right ankle sprain/residuals of fibula fracture, and left ankle disability manifested by pain is granted service connection.,The Veteran's bilateral hypertensive retinopathy, secondary to hypertension, is granted service connection.

The Board has remanded the Veteran's claims for service connection and initial rating determinations due to insufficient medical opinions regarding the relationship between his current disabilities and his military service. The issues include right hip, ankle, shoulder, wrist, and knee disabilities.

The Veteran's appeals for service connection of residuals of left and right ankle injuries, as well as bipolar disorder, have been dismissed due to the Veteran's withdrawal of her appeal.

The Veteran's claims for a separate compensable rating for TBI and service connection for right eye disorder were denied. The case was remanded for additional development, including VA examinations to assess the severity of his ankle conditions and whether he has a left foot condition related to service.

The Veteran's acquired psychiatric disorder, including PTSD, is being remanded for further examination and opinion.,The Veteran's left ankle strain, cervical spine degenerative arthritis, and right shoulder strain with degenerative arthritis are also being remanded for further examination and opinion.

The Veteran's appeal of the claim for service connection for bilateral hearing loss has been withdrawn. The claims for service connection for a left knee disorder, right ankle disorder, and asthma have been reopened based on new evidence received since the August 1995 denial. Service connection is granted for degenerative joint disease of the left knee and asthma.

The Veteran's tinnitus is granted as service-connected.,The Veteran's left knee disability is granted as service-connected.,A 50% rating for migraine headaches is granted.,Service connection for PTSD is remanded due to lack of evidence.,An initial rating in excess of 10% for degenerative arthritis of the left ankle is remanded.

The Board finds that additional development is required before the underlying claims for service connection can be adjudicated on the merits. Specifically, VA outpatient treatment records and Social Security Administration (SSA) records need to be obtained.

The Veteran's service-connected PTSD, combined with other disabilities rated at 60% or more, qualifies him for TDIU and SMC at the housebound rate effective March 15, 2016.

The Veteran's service-connected PTSD is found to have caused and worsened his migraine headaches. The issues of service connection for left and right ankle disorders are remanded due to inadequate VA medical opinions.

The Veteran's appeal of a higher disability rating for their left ankle fracture has been dismissed as the initial grant by the Board was not subject to further review.

The Board has remanded the Veteran's claims of service connection for various orthopedic and respiratory conditions due to concerns about the adequacy of the VA examiners' opinions regarding the etiology of her claimed disorders.

Service connection for sleep apnea is granted. The Veteran's current diagnosis of sleep apnea is related to in-service stress.,Service connection for left ankle impairment on a secondary basis is remanded due to lack of evidence linking the condition to service.

The Board has remanded the case for further development, including obtaining a VA opinion on the etiology of the Veteran's acquired psychiatric disorder and sleep disorder. The TDIU claim is also being remanded.