Ankle decisions — 2023

The Veteran's tinnitus is granted as service-connected.,Service connection for bilateral hearing loss is remanded due to lack of in-service evidence and potential TERA exposure.,Service connection for a sleep disorder (including sleep apnea) is remanded due to potential TERA exposure.,Service connection for any acquired psychiatric disorder is remanded due to potential TERA exposure.,Service connection for headaches, to include as secondary to a service-connected disability, is remanded due to potential TERA exposure.,Service connection for a back condition is remanded due to lack of in-service evidence and potential TERA exposure.,Service connection for a left shoulder condition is remanded due to lack of in-service evidence and potential TERA exposure.,Service connection for a right shoulder condition is remanded due to lack of in-service evidence and potential TERA exposure.,Service connection for a left ankle condition is remanded due to lack of in-service evidence and potential TERA exposure.,Service connection for a right ankle condition is remanded due to lack of in-service evidence and potential TERA exposure.

The Board has determined that more contemporaneous VA examinations are needed to assess the current severity of the Veteran's service-connected right and left ankle, right foot, and right knee disabilities due to a lack of relevant medical records from the last five years.

The Veteran has withdrawn her appeal regarding the reduction of her disability evaluation for left ankle fracture and her claim for an increased rating. The Board dismissed the appeal as a result.

The Board has remanded the claims for service connection due to insufficient evidence, and further investigation is needed.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, and there is no sufficient evidence to substantiate a reasonable possibility that he is unemployable due to service-connected disabilities.

The Veteran's claims for allergic rhinitis, lumbar spine disability, lumbar neuritis L5-S1, left ankle disability, sinusitis, left hip disability, and left foot disability are remanded due to insufficient evidence of service connection. A VA TERA examination is required.

The Veteran withdrew his appeals for several conditions, leading to the dismissal of these cases.

The Veteran's appeal for a TDIU is partially granted based on his service-connected major depressive disorder, but the award of special monthly compensation at the housebound rate due to his left ankle disability has been rendered moot. The effective date for the housebound rating remains pending.

The Board has remanded the claims for service connection for left elbow, right elbow, and a right elbow nerve condition due to insufficient evidence addressing potential theories of entitlement.

The Board denied service connection for a back disorder, neck disorder, and left hip disorder. The right hip disorder was granted, as were the right ankle and left ankle disorders. Service connection was also denied for a left knee disorder.,Service connection was not established for a back disorder or neck disorder due to lack of in-service injury and no evidence linking current symptoms to service. Right hip disorder, right ankle disorder, and left ankle disorder were granted as they are related to injuries sustained during service.

The Board has dismissed the appeals for increased rating and service connection for bilateral hearing loss, right ankle disability, left ankle disability, bilateral knee disability, low back disability, and sinus/allergic rhinitis. The appeal for left ankle disability is remanded, as are those for bilateral knee disability and low back disability. The appeal for sinus/allergic rhinitis is also remanded.

The Veteran is not able to obtain or retain substantially gainful employment due to his service-connected disabilities from February 22, 2017.,Basic eligibility to Dependents' Educational Assistance (DEA) under 38 U.S.C. chapter 35 from February 22, 2017 is granted.

The Veteran's TDIU claim is granted from July 16, 2013. All service connection claims are remanded.

The Board has dismissed the Veteran's appeals for service connection to right knee degenerative arthritis and an initial rating in excess of 10 percent for his left ankle condition due to a withdrawal by the Veteran.

The Veteran's initial compensable evaluation for left ankle surgical scars has been denied. The issues of entitlement to increased evaluations for his service-connected left ankle and right great toe disabilities have been remanded.

The Board has remanded several claims, including those for peripheral artery disease of the bilateral lower extremities, ischemic heart disease, peripheral neuropathy of the bilateral lower extremities (to include as secondary to diabetes mellitus, type II), and a left ankle disability. The PACT Act is considered in these matters.

The Board has determined that the Veteran's claimed hip, knee, and ankle disabilities are not service-connected as they are not related to his active duty service.

The Board dismissed the issue regarding the propriety of reducing ratings for bilateral wrist CTS. The Veteran's right shoulder condition was denied an increased rating, as there is no evidence of limitation of motion to 25 degrees from the side. The Veteran's right ankle DJD was also denied an increased rating due to lack of marked limitation of motion. The Veteran's right wrist CTS was denied increased ratings since April 1, 2014, and November 1, 2014.,The Board found no evidence of marked limitation of motion in the ankle or shoulder that would warrant a higher rating under applicable diagnostic codes.

The Board has denied the Veteran's request for an earlier effective date for service connection of his right ankle disability and has remanded the issue of increased ratings for his neck disability.

The Board has decided to remand the case due to insufficient examination of the current and historical severity of the Veteran's service-connected right ankle scar, which may be painful, unstable, or cause functional limitations.