Ankle decisions — 2023

The Board has determined that new and material evidence has been received to reopen the claims for service connection of left knee, left ankle, degenerative arthritis left shoulder, and degenerative arthritis right shoulder conditions. The claim for obstructive sleep apnea is also REMANDED.

The Board has remanded the case due to inadequate opinions regarding service connection for joint pain and fatigue disorder, including chronic fatigue syndrome. The Veteran is presumed exposed to burn pits during his service in the Southwest Asia theater of operations.

The Veteran's TDIU claim is dismissed as moot because the award of a TDIU would not assist in attaining SMC at the housebound rate, which has already been granted.

The Veteran's heart condition and ankle conditions are remanded for further evaluation. Her right hip disability ratings remain under review.

The Board has granted service connection for right and left lower extremity compartment syndromes, as well as secondary service connection for right and left ankle/foot disabilities (tarsal tunnel and sinus tarsi syndromes) to the bilateral knee disabilities.,However, the decision is mixed because some issues were granted while others were denied.

The Board denied earlier effective dates for the awards of service connection for various disabilities, including right and left ankle, acne, left wrist, left knee, right knee, and low back disabilities. The appeal is remanded for further evaluation of current disability ratings.

The Veteran's appeal is being remanded for further development and examination, including a VA examination to determine the nature and etiology of his claimed low back disability. The right ankle issue remains pending as well. Additionally, the TDIU claim requires additional information about the Veteran's employment history.

The Board has remanded the Veteran's claims for service connection and rating of his left ankle disability due to inadequate medical opinions and new evidence may be needed. The Veteran is also being asked to provide updated VA treatment records and a VA examination.

The Board has determined that the development conducted does not adequately comply with the October 2022 Board remand and thus, the cases are being returned to the AOJ for further action.

The Board has decided to remand the claims for right ankle, knee, and shoulder disabilities due to new evidence being added to the file. The Veteran will need to have his case reviewed by the RO before a decision is made.

The Board denied service connection for an acquired psychiatric disability to include an eating disorder leading to obesity, chronic fatigue syndrome (CFS), bilateral ankle pain, and calculus of the kidney (kidney stones).,There is no current evidence of a diagnosed condition in any of these cases.

The Board has remanded the Veteran's claims for cervical spine, left forearm, and left ankle disabilities due to insufficient medical opinions. The respiratory disability claim is also remanded as it may be related to Gulf War service exposure.

The Board has remanded several claims for service connection due to the Veteran's failure to provide sufficient medical records and because of inadequacies in previous examination opinions. The claims include psychiatric disorders, cervical spine disorders, hand disorders, ankle disorders, knee disorders, and bilateral hearing loss.

The Board has determined that additional evidence was submitted and requires further review by the AOJ before a final decision can be made.

The Board has granted the Veteran's request to restore VA disability compensation benefits for 16 days and reimburse $538.13 due to improper withholding of benefits in FY 2012. The issue regarding the withholding of benefits in FY 2013 is remanded.

The Veteran's claim for service connection for a right ankle disability has been reopened and granted.,Service connection is granted for sleep apnea, as it is secondary to his service-connected psychiatric disability.,Service connection is denied for left wrist disability.,Service connection is denied for right shoulder disability.,An effective date earlier than April 29, 2016, for the grant of service connection for nephrolithiasis and ureterolithiasis (secondary to service-connected diabetes mellitus, type II) has been granted.

The Veteran's PTSD with TBI has been rated at 70% since December 11, 2017. The Board finds that the evidence is in equipoise as to whether his service-connected disabilities have rendered him unemployable from performing all forms of substantially gainful employment.

The Veteran's request for retroactive payment under Chapter 31 of the United States Code, for education expenses incurred while pursuing his Associate degree in Diesel Technology is denied. The Board found that not all criteria for retroactive induction into the VR&E program were met.

The Veteran's claim for an increased rating for his service-connected left ankle ligamentous sprain is remanded due to the need for a contemporaneous VA examination to assess the current nature and severity of his disability.

The Veteran's claims for service connection were dismissed as the appeal was withdrawn, and no new evidence was submitted to reopen a previously denied claim. The Board found that the additional evidence did not relate to an unestablished fact necessary to substantiate the claims.