Ankle Board decisions

The Board has remanded the Veteran's claim for a new examination to ensure substantial compliance with prior remand directives related to obtaining an examination report that complies with Correia v. McDonald, 28 Vet. App. 158 (2016).

The Veteran's TDIU and DEA benefits are granted effective June 15, 2021, due to his service-connected disabilities.

The Board has dismissed the appeals for earlier effective dates as the benefits sought have been granted in full.

The Board denied the Veteran's claims of service connection for right ankle disorder, sinusitis (secondary to nasal fracture), sleep apnea (secondary to nasal fracture), and left ankle disorder. The evidence did not support a finding that these conditions began during or were related to service.

The Board has denied the Veteran's claims for service connection for a right ankle disability, restoration of his rating for left ankle scarring, and an increased rating for his left Achilles tendon rupture with degenerative arthritis.

The Veteran's claim for service connection for right ankle strain is accepted, and the appeal in this respect is granted. The issue of entitlement to service connection for left knee disability, as secondary to bilateral pes planus with plantar fasciitis and/or a left ankle disability, is remanded.

The Board denied service connection for left ring finger splint (left hand arthritis), repair of laceration, left ring finger (left ring finger scar), trauma to right ankle (right ankle disability), Crohn's disease, and sigmoid colon polyp as the evidence did not support a nexus between these conditions and active duty service.,The Board found that there was no credible evidence linking any of the claimed conditions to service.

The Board has determined that the Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, considering his education and work history. Therefore, TDIU is granted.

The Board has found errors in the AOJ's notice and requires that a pre-decisional hearing be provided to the Veteran before the AOJ on all reopened claims.

The Veteran's claims for increased ratings and service connection are remanded due to errors in the duty to assist, including failure to provide proper notice of VA examinations.

The Board has determined that the Veteran's obstructive sleep apnea is secondary to his service-connected conditions, including depressive disorder, right and left patellar tendonitis, left knee anterior instability, and right ankle sprain. As such, the appeal for service connection of OSA has been granted.

The Board has denied the Veteran's claims for service connection for limited motion of left ankle, right ankle, and cavity as there is no current diagnosis or evidence linking these conditions to his military service.

The Board has granted service connection for right knee, right ankle, and left ankle conditions incurred during active duty parachute jumps. The Veteran's current pain and swelling in these joints are considered to be related to his military service.

The Board has granted service connection for the Veteran's right shoulder disability and left ankle deltoid ligament sprain, finding that his symptoms began in service and have persisted.,The Board also granted service connection for the Veteran's right knee pain as secondary to his service-connected left ankle deltoid ligament sprain.

The Veteran's claims for service connection and increased rating have been remanded due to procedural errors and the need for additional medical opinions.

The Board has remanded the claims of entitlement to service connection for left ankle condition and right shoulder condition due to a failure to provide adequate notice regarding scheduled VA examinations.

The Veteran's mood disorder is rated at 70 percent, and his degenerative arthritis of the right ankle is rated at 20 percent. The appeal for a higher rating for the mood disorder is denied.

The Board has denied service connection for various conditions, including allergic rhinitis, sinusitis, radiculopathy affecting both lower extremities, bilateral plantar fasciitis, heel spurs, pseudo folliculitis, ankle disorders, shoulder disorder, cervical spine disorder, jock itch, adjustment disorder with anxiety, acid reflux, athlete's foot and toenail fungus, and epiphora. The Board found no current diagnoses for these conditions.

The Veteran's right ankle disability, including bone spurs and lateral collateral ligament sprain, is rated at 10 percent. The Board found that the current rating adequately reflects his functional limitations.

The Veteran's initial disability ratings for his service-connected bilateral knee and ankle disabilities have been denied. The RO continued the existing 10 percent ratings for each joint.