Ankle Board decisions

The Veteran's claims for increased ratings and TDIU have been remanded due to pre-decisional duty to assist errors. The issues include bilateral pes planus with arthritis, right ankle instability, left ankle instability, and TDIU.

The Veteran's TDIU claim is being remanded for a determination on whether he should have been granted TDIU prior to February 23, 2021. The Board finds that the Veteran has continuously pursued his service connection claims since April 25, 2018 and that the issue of whether TDIU can be granted prior to February 23, 2021 remains on appeal.

The Board has remanded the claims for left ankle, left hip, left knee, right hip, and right knee conditions due to failure of the Veteran to attend scheduled VA examinations.

The Board has denied service connection for various conditions including an acquired psychiatric disorder, residuals of traumatic brain injury (TBI), headaches, bilateral eye refractive error, cervical spine disorder, bilateral shoulder disorder, bilateral hip/thigh disorder, bilateral upper and lower extremity nerve damage, bilateral ankle disorder, bilateral plantar fasciitis, and dry skin disorder. The denial is based on the lack of diagnosed conditions in service or recent to the filing of the claim.

The Veteran's appeals for increased ratings and TDIU were dismissed due to a procedural defect in how the appeal was filed.

The Veteran seeks an earlier effective date for the grant of Individual Unemployability (TDIU) and Dependents' Educational Assistance (DEA). The Board denied both claims.,For TDIU, the evidence did not show that the Veteran was unemployable prior to August 29, 2017. For DEA, eligibility was based on the effective date for TDIU.

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.