Ankle decisions — 2024

The Veteran's OSA and right ankle disability are granted service connection, while the Veteran's Persistent Depressive Disorder claim is remanded for further examination.

The Veteran is granted a total disability rating based on individual unemployability from April 21, 2018 to January 25, 2021 due to his service-connected disabilities preventing him from securing and following substantially gainful employment.

The Veteran's service-connected disabilities, including PTSD, cervical spine strain, bilateral knee disability, right ankle sprain, lumbar spine strain, tinnitus, and bilateral lower extremity radiculopathy, prevent him from securing substantially gainful employment. The Board granted TDIU based on the cumulative effects of these conditions.

The Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation prior to April 23, 2009. The Board granted entitlement to TDIU effective April 23, 2009.

The Board has granted service connection for the Veteran's right elbow condition, right ankle condition (including Achilles tendonitis), right shoulder condition, right knee condition, left knee condition, and back condition. The Board also found that bilateral pes planus began during active duty.

The Board has determined that the VA examination conducted in March 2021 was inadequate for decisional purposes and has ordered a new VA examination to assess the current severity of the Veteran's degenerative joint disease of the bilateral ankles.

The Veteran's claims for service connection for peroneal tendonitis of the right ankle with instability and left knee osteoarthritis as secondary to that condition are granted. The claim for service connection for right knee osteoarthritis is remanded due to lack of evidence linking it to service or a service-connected disability, while the claim for right lateral epicondylitis (right elbow) is also remanded.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the service connection claims for bilateral hearing loss, tinnitus, chronic left foot disability, chronic right foot disability, acquired psychiatric disorder (including schizoaffective disorder), chronic lumbar spine disorder, chronic cervical spine disorder, chronic left shoulder disorder, chronic left knee disorder, chronic right knee disorder, chronic left ankle disorder, and chronic right ankle disorder. The claims are being remanded for further review.

The Board has granted the Veteran's claim for service connection for right ankle degenerative joint disease, finding that his current disability is related to symptoms he experienced during service and since then.

The Veteran's claims for service connection and earlier effective dates were denied. The Board found no evidence of a direct relationship between the current sleep apnea, cervical strain, right shoulder strain, and lateral collateral ligament sprain, right ankle disabilities and active service.

The Veteran's appeals for service connection on three issues have been dismissed due to their death.

Your appeal regarding your right ankle disorder has been dismissed due to the Veteran's death. The Board cannot issue a decision on this claim as it is no longer pending.

The Veteran's appeal for service connection of a left ankle disability has been dismissed as he withdrew his appeal in July 2024.

The Board has determined that the Veteran's claims for higher ratings and service connection must be remanded due to pre-decisional duty to assist errors. The AOJ is instructed to schedule appropriate examinations and obtain clarifications on medical issues related to the Veteran's hip, thigh, foot, ankle, heel, and erectile dysfunction.

The Veteran's service-connected disabilities, including PTSD, major depressive disorder, anxious distress with panic attacks, left clavicle fracture residuals, cervical strain, left knee tendinopathy, and left ankle sprain, rendered him unable to secure and maintain substantially gainful employment. As a result, the Board granted entitlement to total disability rating based on individual unemployability (TDIU).

The Veteran's claims for tinnitus and left ankle disability are being remanded due to the need for additional medical opinions. The Board finds that there is new and relevant evidence warranting readjudication of both claims.

The Veteran's TDIU claim is denied because his service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.

The Veteran's ankle, wrist, bowel, and urinary issues are being remanded for further development to determine the current severity of his service-connected disabilities and their etiology.

The Board denied service connection for left ankle disability, finding no link between the current disabilities and documented in-service injuries.

The Board has granted service connection for obstructive sleep apnea as secondary to posttraumatic stress disorder (PTSD). The decision concludes that the Veteran's sleep apnea is proximately due to or aggravated by his service-connected PTSD and musculoskeletal conditions.