Ankle Board decisions

The Board granted service connection for left knee, right knee, lumbosacral strain, and right hand scars, but denied service connection for bilateral hearing loss, sinusitis, urticaria, allergic rhinitis, tension headaches, shoulder bursitis, foot plantar fasciitis, ankle tendonitis, thumb strain, and PTSD with unspecified depressive disorder. The Board also remanded claims for fatigue, CFS, sleep apnea, and amputated left little finger.

The Board granted a 30 percent rating for the Veteran's stress fracture, mid-distal femur, right leg with limited flexion and restored the 30 percent rating for the Veteran's stress fracture, mid-distal femur, right leg with limitation of abduction and rotation. The other claims were denied.

The Board granted a rating of 20 percent for left and right ankle tendinitis, as the Veteran's dorsiflexion was shown to be less than 5 degrees or plantar flexion less than 10 degrees during the appeal period.

The Board granted service connection for diabetes mellitus, type II, and peripheral neuropathy of the lower extremities as secondary to diabetes. It also readjudicated previously denied claims for a low back disability, left ankle, right ankle, and left hip strain with rheumatoid arthritis, granting some but not all.

The Veteran's service connection for migraine headaches was granted as secondary to his service-connected disabilities, while other conditions were denied.

The Board denied the veteran's claims for earlier effective dates and service connection, finding no evidence of a current disability or sufficient basis to establish service connection.

The Veteran is granted special monthly compensation based on the regular need for aid and attendance due to his service-connected disabilities.

The Board granted service connection for various conditions, including obstructive sleep apnea, left hip condition, GERD, irritable bowel syndrome, back condition, right knee condition, left ankle condition, right ankle condition, erectile dysfunction, and bilateral lower extremity radiculopathy, all secondary to the Veteran's service-connected bilateral foot/toe conditions.

The appeal of the denial of service connection for right ankle disability, tinnitus, and PTSD was dismissed due to an untimely Notice of Disagreement.

The Board granted service connection for a back disability, neck disability, right shoulder disability, left ankle disability, left knee disability, right knee disability, left elbow disability, and right elbow disability.

The Board denied the Veteran's claim for service connection for a left ankle disability, finding that it clearly and unmistakably pre-existed his active duty service and was not aggravated by such service.

The Board remands the claims for further development, including an adequate examination to determine the current nature and severity of the Veteran's disabilities.

The Board granted service connection for tinnitus and denied service connection for diabetes mellitus, type II. The remaining claims for service connection were remanded.

The appeal was remanded to correct errors made by the AOJ in complying with an earlier Board remand, specifically to obtain outstanding private treatment records.

The Board denied service connection for a bilateral ankle disorder, DMII, heart disorder, right shoulder disorder, hypertension, low back disorder, bladder cancer, and left and right lung disease as the weight of the evidence did not support a finding that any of these conditions were related to the Veteran's active duty service.

The appeal for a rating in excess of 10 percent for hypertension was denied, and the service connection claim for a right ankle disability was remanded.

The Board remanded the Veteran's eligibility for enrollment in the Program of Comprehensive Assistance for Family Caregivers because the initial VA decision was conclusory and based on an incorrect interpretation of regulatory requirements for 'need for supervision, protection, or instruction.' A new medical opinion must be obtained that properly applies the correct statutory criteria and addresses how the Veteran's diagnoses affect daily functioning.

The Board granted service connection for sinusitis, right and left ankle disabilities, a low back disability, and radiculopathy of the lower extremities as secondary to the low back disability.

The Board remands the claims for an earlier effective date for service connection of various conditions based on clear and unmistakable error (CUE) in a March 1995 rating decision.

The appeal was dismissed as the Veteran did not timely file a Board Appeal request with respect to the rating decision issued on October 19, 2022.