Ankle Board decisions

The Veteran's appeal is remanded for additional examinations and development to address the severity of his service-connected disabilities, as well as any new or existing conditions related to in-service exposure. The issues of service connection are also pending.

The Board has determined that there are outstanding records and needs to obtain them for proper evaluation of the Veteran's claims. The issues include determining appropriate ratings, establishing service connection, and increasing the rating for Meniere's syndrome.

The Board denied service connection for asthma, COPD, lumbosacral strain (back injury), sleep apnea, tendonitis of the left ankle, and tendonitis of the right ankle. The claim for flat feet was reopened but not granted.

The Veteran's lumbar spine disability is currently rated at 10 percent, but does not meet the criteria for a higher rating based on the current evidence.,The Veteran's right knee disability is currently rated at 10 percent, and does not meet the criteria for a higher rating based on the current evidence.,The Veteran's right ankle disability has not been manifested by marked limitation of motion.

The Veteran's service connection for a left knee disability is denied. The Board finds that the current left knee disability did not manifest during or immediately after service and is unrelated to service. A TDIU from March 6, 2019 to August 4, 2020 is granted based on multiple service-connected disabilities resulting in an overall combined rating of 80 percent.

The Veteran's claim for a higher rating for sinusitis is denied, and his claims for TDIU prior to September 21, 2018 are also denied. His TDIU from September 21, 2018 is moot due to the grant of SMC at the S-1 level.

The Veteran's appeals were dismissed due to his death. No service connection decisions were made.

The Veteran is granted a total disability rating based on individual unemployability (TDIU) effective June 6, 2018. The TDIU was determined due to the service-connected disabilities preventing him from securing and maintaining substantially gainful employment.

The Board has decided to remand the case due to a need for a VA examination to determine if the Veteran's pre-existing left ankle disability was aggravated by his service.

The Veteran's hypertension is not shown to meet the criteria for a compensable rating.,Service connection for bilateral hearing loss and tinnitus are denied as there is no evidence of current disability or in-service incurrence.,Service connection for right ankle and left ankle disabilities is denied due to lack of continuity of symptomatology since service.,The Veteran's right and left ankles were not shown to have been injured during service, nor did they develop to a compensable degree within one year post-discharge.

The appeals for service connection claims related to degenerative arthritis of the spine, residuals of broken left ankle, and tinnitus have been dismissed due to the Veteran's death.

The Board dismissed all claims for increased ratings as the Veteran did not timely file a notice of disagreement with the May 2018 rating decisions granting service connection and individual evaluations for left ankle effusion, right ankle effusion, right foot fracture, scapholunate advance collapse of the left wrist, and degenerative arthritis of the spine.

The Veteran's TDIU rating, which included his PTSD, knee, and ankle conditions, was granted. The Board found that the granting of SMC based on housebound status should be restored because there is a factual question regarding whether the Veteran was housebound.

The Veteran's painful surgical scars of the right ankle and left knee have been granted a 10 percent disability rating.

The Board has decided to remand the cases for additional development and clarification of the Veteran's claims. The issues include right ankle, swollen joints (including rheumatoid arthritis and nerve damage), and initial compensable evaluation for service-connected bilateral hearing loss.

The Board has determined that additional relevant VA treatment records should be obtained and considered as part of the remand process. The Veteran is advised to provide any private or federal medical records in their possession.

The Veteran's death was not due to his service-connected conditions, and the cause of death (end stage renal disease) is not related to his service. The criteria for DIC benefits were not met.

The Board has remanded the case for further development to determine the severity of the Veteran's right ankle disability prior to November 13, 2021, and to address his entitlement to a TDIU prior to October 1, 2019.

The Veteran's claim of service connection for bilateral ankle disability is being remanded due to the need for additional medical examination and records review.

The Board has decided to remand the claim for service connection of a left ankle disorder due to new and relevant evidence submitted by the Veteran.