Ankle decisions — 2024

The Veteran's sleep apnea is granted as secondary to his service-connected allergic rhinitis. Service connection for PTSD, adjustment disorder with anxious mood and/or depressed mood, and any other mental disorders are denied due to lack of a formal DSM-5 diagnosis during the pendency of the claim.

The Veteran's service-connected disabilities render him unable to engage and retain substantially gainful employment, thus the Board has granted entitlement to total disability rating based on individual unemployability (TDIU).

The Board has dismissed the appeals as the AOJ has not made a formal substitution determination for the Veteran's spouse.

The Veteran's claims for service connection have been remanded due to insufficient evidence. The lumbosacral strain claim is denied, and the hearing loss claim is also denied.

The Board has determined that new and relevant evidence has been received to reopen the Veteran's claims for service connection for residuals of vasectomy, right ankle disability, left ankle disability, and residuals of tailbone injury. The claim is now remanded for further development.

The Veteran's claims for service connection are remanded due to the need for additional medical opinions and records. The issues of TBI, psychiatric disability, sleep impairment, headache, vestibular disorder, shoulder disabilities, knee, ankle, foot, and lower extremity peripheral neuropathy will be reconsidered.

The Veteran's appeal for an initial rating in excess of 50 percent for PTSD has been denied. The Board also remanded several other issues, including service connection claims for various conditions.

The Veteran's service-connected major depressive disorder with anxious distress and traumatic brain injury has rendered him unable to secure or follow substantially gainful employment since January 2022, qualifying for a TDIU. Additionally, the Veteran is in receipt of SMC at the housebound rate due to additional service-connected disabilities. The claim for bilateral pes planus remains pending as it involves duty to assist errors.

The Veteran's bilateral hearing loss is currently rated as noncompensable, and the Board finds that a compensable rating is not warranted.,The Veteran's left ankle condition is currently rated as 10 percent disabling. The Board finds that a higher rating in excess of 10 percent is not warranted.,The Veteran's left TPS, limitation of extension is currently rated as noncompensable, and the Board finds that a compensable rating is not warranted.,The Veteran's left TPS, limitation of flexion is currently rated as noncompensable, and the Board finds that a compensable rating is not warranted.,The Veteran's left TPS, impairment of thigh is currently rated as noncompensable, and the Board finds that a compensable rating is not warranted.,The Veteran's lumbosacral strain is currently rated as 10 percent disabling. The Board finds that a higher rating in excess of 10 percent is not warranted.

The Board has granted the Veteran's claims for service connection for low back disability and left ankle disability due to receipt of new and relevant evidence. The cases are being remanded for further adjudication.

The Board denied service connection for heart conditions, cirrhosis of the liver, and diabetes. The Veteran's heart disabilities were not related to his active duty in Korea.,The Board also denied service connection for left foot peripheral neuropathy and left ankle condition.

The Board has remanded the case for further development and consideration, including obtaining private treatment records and reviewing evidence added to the claims file since the March 2023 Supplemental Statement of the Case. The Veteran's TDIU rating claim is being referred to the Director of Compensation Service for extraschedular evaluation prior to May 22, 2024.

The Board denied increased ratings for the Veteran's right ankle, right knee, left shoulder, and low back disabilities, except for a 20 percent rating for the right knee with effusion into the joint effective September 26, 2020, and a 60 percent rating for post-prosthetic replacement of the right knee effective December 1, 2021.

The Veteran's appeal is remanded for additional development, including obtaining treatment records and scheduling a VA examination to assess the severity of his left ankle disability and any associated neurological manifestations.

The Veteran's right ankle disorder is currently rated at 30 percent, which does not meet the criteria for a higher rating. The Board finds that an increased rating is not warranted.,Prior to March 6, 2024, the Veteran was found to be unemployable due to his service-connected disabilities, but this determination is moot as he has since achieved a combined disability evaluation of at least 100 percent from March 6, 2024.

The Veteran's claims for increased ratings are remanded due to the failure to obtain all relevant nonVA treatment records.,The Veteran's bladder problems may be related to his lumbar spine disability or a nonservice-connected condition, and further clarification is needed.

The Veteran's appeals for increased ratings of his left and right ankle disabilities, as well as allergic rhinitis, have been dismissed because the Veteran withdrew his appeal in September 2024.

The Board has determined that the Veteran's erectile dysfunction is proximately due to his service-connected migraine headaches, left shoulder acromioclavicular joint osteoarthritis, right shoulder bicipital tendonitis, rotator cuff tear with glenohumeral joint osteoarthritis and degenerative arthritis, degenerative arthritis of the spine, temporomandibular joint disease (TMJ), chronic, left ankle post traumatic degenerative joint disease, right hip trochanteric pain/bursitis syndrome (extension), and right hip trochanteric pain/bursitis syndrome (flexion).

The Board has decided to remand the case due to a lack of proper examination and an error in seeking an addendum. The Veteran's right ankle disability is rated at 20 percent, but he is requesting a higher rating.

The Veteran's appeal for an increased rating of major depressive disorder was denied due to failure to report for a scheduled VA examination without good cause.,The Veteran's appeal for an increase in his bilateral hearing loss disability rating was denied as he refused to attend additional VA examinations without good cause.,The Veteran's appeal for an increased rating of tinnitus was denied because the maximum schedular evaluation has been assigned, and no higher evaluation is warranted based on the current evidence.,Service connection for HIV was denied due to lack of a current disability. The weight of the persuasive evidence did not support finding that the Veteran had HIV.,Service connection for a left ankle disorder was denied as there was no evidence of a chronic left ankle disorder during service or within one year following discharge, and the claimant's statements were insufficient to establish nexus.