Ankle decisions — 2023

The Veteran's service-connected disabilities, including his cervical spine and knee injuries, are found to have contributed substantially or materially to cause the Veteran's death. As a result, DIC benefits based on service connection for the cause of the Veteran's death are granted.

The Veteran's SMC claim for aid and attendance is denied due to her service-connected disabilities not meeting the criteria. The TDIU claim on an extra-schedular basis remains pending as remanded.

The Board denied service connection for a back injury, right knee condition, left ankle condition, and right ankle condition due to lack of evidence linking these conditions to service.,Service connection was not granted as the Veteran's current diagnoses do not meet the criteria for direct service connection.

The Board has remanded the claims for a compensable rating for the right foot disability, service connection for bilateral hearing loss, and service connection for back, knee, ankle, and left foot conditions due to new evidence received after the November 2019 statement of the case.

The Board denied service connection for bilateral ankle and hip disabilities as there is no current disability found by VA examiners.

The Board has remanded the cases for further development and clarification regarding the severity of the Veteran's right ankle disability, including whether earlier records are consistent with current findings. The TDIU rating is also remanded as it is inextricably intertwined with the other issue.

The Veteran's initial claim for a 20% disability rating for bilateral hearing loss has been granted. The claims of service connection for back disorder and right ankle disorder have been reopened, but denied due to lack of evidence showing a direct relationship between the disorders and active duty service.

The Veteran's appeal is remanded for further development, including obtaining VA treatment records and SSA records. The Board also requests a VA examination to determine the etiology of his bilateral foot and ankle disorders.

The Veteran's appeals for increased ratings and TDIU are being remanded due to the need for additional evidence, including private medical records. The VA will also obtain updated treatment records and ask the Veteran to provide any missing relevant records.

The Veteran's service-connected disabilities, including posttraumatic headaches, right shoulder bursitis, thoracolumbar spine osteoarthritis, left shoulder bursitis (prior to March 18, 2015), knee arthritis, hand degenerative joint disease, ankle strains, and cervical osteoarthritis, rendered him unable to secure or follow substantially gainful employment prior to September 22, 2017. The Board granted the Veteran's TDIU claim based on this evidence.

The Veteran's right ankle disability, characterized by degenerative changes and Achilles tendonitis, has been rated at 20% since June 24, 2016. The current rating is for marked limited motion of the ankle.

The Veteran's claim for an earlier effective date for the award of service connection for a right ankle scar is granted as of June 18, 2018. The scar was present since his 2012 achilles tendon repair surgery.

The Board has remanded the issues of service connection for residuals of a fracture of the left ankle and obstructive sleep apnea due to insufficient examination reports. The Veteran's claims are now before an appropriate clinician to determine if there is at least as likely as not that these conditions are related to his military service or any service-connected disabilities.

The Board has granted service connection for bilateral hearing loss, but the issues of service connection for sleep apnea, acquired psychiatric disorder (to include anxiety and depression), osteoarthritis of the right ankle, osteoarthritis of the left ankle, and lumbar spine strain with degenerative disc disease are remanded. The Veteran's TDIU claim is also remanded.

The Board has found that the Veteran's current bilateral ankle disability is proximately due to or the result of his service-connected bilateral foot strain disability, and thus remanded for further development.

The Veteran's claims for service connection for broken nose residuals and left ankle condition have been remanded due to the submission of new evidence.,An increased rating of 20 percent, but no higher, has been granted for right ankle osteoarthritis.

The Veteran's claims for service connection and increased ratings for various conditions, including knee disabilities, are being remanded due to the need for additional development of his medical records.

The Board has remanded the Veteran's claims for service connection for bilateral hearing loss, headaches, sleep apnea, hydrocele of the right testicle, and a right ankle disability due to insufficient evidence or lack of adequate examination.

The Board has denied earlier effective dates for the grants of service connection for left shoulder strain with degenerative joint disease, neck disorder, and lower back disorder. The Veteran's claims were received on June 18, 2015, and January 28, 2016, respectively.,The Board has also remanded the issues of service connection for obstructive sleep apnea (OSA), erectile dysfunction, and cognitive impairment secondary to posttraumatic headaches and PTSD.

The Veteran's bilateral foot disability is related to service and granted.,The Veteran's tinnitus is related to service and granted.