Ankle decisions — 2023

The Veteran's claim for service connection for residuals of pneumonia, to include COPD is denied as there is no persuasive evidence showing the current condition began during or was aggravated by service.,Service connection for a left shoulder disability is denied due to lack of credible evidence linking the current condition to service.,Service connection for right ankle disability, to include small vessel PAD, and left ankle disability, to include small vessel PAD, are both denied as there is no persuasive evidence showing the conditions began during or were aggravated by service.

The Board has remanded the case for further examination to determine the current severity of the Veteran's service-connected left ankle disability, as the previous VA examination did not comply with DeLuca and Correia requirements.

The Veteran's right ankle disability, including post-operative hardware and subchondral cystic change at the distal tibia, was evaluated as osteoarthritis. The Board denied a rating in excess of 30 percent for his right ankle disability but granted a separate 20 percent rating for right ankle instability since August 11, 2017.

The Veteran's service connection claim for left ear tinnitus is granted. Claims for service connection of left ear hearing loss, left knee disability, and left ankle disability are remanded.

The Veteran's right ankle disability, back disability, left lower extremity radiculopathy of the femoral nerve, and left lower extremity sciatic nerve radiculopathy have all been denied as they do not warrant a higher rating under applicable VA regulations.,A compensable rating for left ear hearing loss has also been denied.

The Veteran's claims for service connection and increased ratings were denied. The claim for right ankle tendonitis was not reopened due to lack of new and material evidence, while the other issues had their initial ratings denied.

The Board has decided that the Veteran's claims for service connection of various knee, foot, ankle, and hand disabilities should be remanded due to a lack of supporting medical evidence.

The Veteran's service-connected disabilities did not preclude him from obtaining or maintaining substantially gainful employment prior to July 19, 2022. From July 19, 2022, the combined disability rating is 70 percent, which does not meet the criteria for a TDIU.

The Veteran's liver disorder, bilateral knee disorders, bilateral ankle disorders, right shoulder disorder, gout, and diabetes mellitus are all denied as service connection due to lack of evidence supporting a nexus between these conditions and active service.,Service connection for the Veteran's liver disorder is denied because there is no current diagnosis of a liver disorder and no evidence linking it to service. The Board found that the Veteran does not have a current liver disability, and thus cannot establish service connection.

The appeals for service connection for various conditions have been dismissed as the Veteran withdrew his claims and did not provide new and material evidence within one year of the final rating decision.

The Veteran's claims for a compensable disability rating for prostate cancer and a disability rating in excess of 10 percent for left ankle fracture are being remanded due to the need for more contemporaneous examinations.

The Veteran's TDIU claim from November 21, 2014, to February 1, 2016 was denied as she had full-time employment at that time.,The Veteran's TDIU claim from February 1, 2016, to March 23, 2023 was granted due to her service-connected disabilities preventing her from securing or following a substantially gainful occupation.

The Veteran's claims for service connection for lumbar spine, left ankle, migraines, and left elbow disabilities have been denied. The Board found no new and material evidence to reopen these claims.,Service connection for hypertension was also denied as the evidence did not support a link between the condition and service.

The Board has remanded the Veteran's claims for service connection for left ankle, bilateral foot, and bilateral knee pain due to a lack of issuance of a Statement of the Case (SOC).

The Board has granted service connection for upper back and right ankle disabilities. The case is remanded for further development regarding the Veteran's right knee disability.

The Board has determined that the Veteran's left ankle disorder, sinusitis, allergic rhinitis, lung disorder (to include bronchitis), and sleep apnea are not related to service. The case is remanded for further examination and opinion regarding these conditions.

The Board has denied service connection for left knee and left foot disorders, as well as initial compensable ratings for allergic rhinitis, right foot plantar fasciitis, and posttraumatic stress disorder. The Veteran's claims for obstructive sleep apnea, sinusitis, left ankle arthritis, and rosacea are remanded for further examination.

The Board has remanded the claims for further development due to inadequate opinions regarding flare-ups and secondary conditions.

The Board has determined that the Veteran's left ankle disorder, claimed as Achilles tendonitis, is secondary to his service-connected bilateral foot disorder (bilateral pes planus with plantar fasciitis). As a result, the claim for service connection is granted.

The Veteran's TBI was granted a 40% disability evaluation effective March 3, 2023. The RO is directed to obtain post-service medical records and provide an addendum opinion regarding the severity of his TBI prior to that date. Additionally, the RO must also obtain post-service medical records for his right ankle sprain and provide a retrospective opinion on its severity.