Ankle Board decisions

The Veteran's claim for DIC benefits under 38 U.S.C. § 1318 was denied because he did not meet the statutory ten-year duration requirement for a 100% rating at the time of his death, nor was he in receipt of a total disability rating continuously since his discharge from active duty.

The Board denied the Veteran's claims of service connection for left ankle condition, hypertension as secondary to lumbosacral strain, and sleep apnea as secondary to lumbosacral strain.

The Board has granted an earlier effective date of February 15, 2020, for the 20 percent rating for left ankle fracture healed with residuals based on evidence showing increased severity prior to the Veteran's claim.

The Veteran's claim for service connection for jock itch (tinea cruris) has been denied as there is no persuasive evidence of a current diagnosis or in-service incurrence.,Service connection for left-sided and right-sided hernias, pseudo folliculitis of the face, pseudo folliculitis of the neck, lumbar spine disability, sciatic radicular pain and paresthesia of the lower extremities, left foot bunion, right foot bunion, toenail fungus and tinea pedis, left foot pes planus, right foot pes planus, left ankle disability, right ankle disability, osteoarthritis of the hips, left wrist disability, and right wrist disability has also been denied as there is no persuasive evidence of a current diagnosis or in-service incurrence.,The Veteran's service treatment records are silent regarding any complaints or diagnoses related to these conditions. Post-service medical records do not provide evidence of current diagnoses for any of the claimed conditions.

The Veteran's lumbar spine and right ankle disabilities are rated based on limitation of motion. The Board found the criteria for higher ratings were not met.,Service connection for obstructive sleep apnea is remanded due to a duty to assist error.

The Veteran is unable to secure or follow a substantially gainful occupation due to the cumulative effects of his service-connected disabilities, and the Board has granted entitlement to a total disability rating based on individual unemployability (TDIU).

The Veteran's appeals for service connection were dismissed due to a mandatory claims processing rule deficiency. The appeal was not timely filed within one year of the November 2020 and December 2021 rating decisions.

The Veteran's cervical spine, left shoulder osteoarthritis, right shoulder arthralgia, bilateral hip limitation of flexion and extension, bilateral knee limitation of flexion and extension, and bilateral ankle arthralgia have been granted service connection with effective dates starting from January 17, 2013.

The Board has granted service connection for the Veteran's right hip, right knee, and right ankle conditions as secondary to her service-connected bilateral pes planus and plantar fasciitis.

The Board has remanded the case due to a need for a VA examination to address the Veteran's statements regarding continuous or recurrent symptoms since service, specifically his injury during parachute jumps.

The Board has remanded the Veteran's claims for service connection and rating determinations due to incomplete development, including a missing medical report and an addendum opinion on the nature and etiology of his TBI. The AOJ is instructed to obtain the missing report and provide an addendum opinion addressing whether the Veteran has a current disability related to a TBI and if so, whether it is related to service.

The Board has determined that the Veteran is in need of personal care services for a minimum of six continuous months due to his medical conditions and needs supervision, protection, and instruction. The PCAFC eligibility decision must be reconsidered based on the best interest of the Veteran.

The Veteran's claim for an earlier effective date for a 20 percent rating for his right ankle disability is denied. The Board found no evidence of a factually ascertainable increase in the disability within one year prior to March 21, 2013.

The Board has reopened the claim of service connection for Parkinson's disease due to new and relevant evidence. The TDIU claim is denied as there are no service-connected disabilities meeting the schedular requirements, and the appellant is not unemployable by reason of his service-connected conditions.

The Board denied the Veteran's claim for service connection for right ankle degenerative arthritis and acute deltoid ligament sprain, healed, finding that his pre-existing condition clearly and unmistakably existed prior to service and was not aggravated by service.

The Veteran's service-connected conditions are not fully evaluated for eligibility of specially adapted housing or a special home adaptation due to the lack of an examination assessing the impact on his daily activities.

The Veteran's right ankle disorder is rated at 10 percent, and the Board finds that a higher rating is not warranted based on moderate limitation of motion. The claims for service connection for an acquired psychiatric disorder and TDIU are remanded.

The Board denied service connection for the Veteran's claimed right ankle, left ankle, left knee, and right hip disabilities as secondary to her service-connected lumbar spine spondylosis due to a lack of current diagnoses.

The Veteran's claims for service connection for various conditions, including hearing loss, ankle disorders, vertigo, tinea pedis, and sleep apnea are being remanded due to the need for further evaluation or evidence.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) is at least as likely as not due to his service-connected adjustment disorder with major depressive disorder associated with right knee strain and/or weight gain due to inability to exercise due to chronic pain caused by his service-connected musculoskeletal conditions.