Ankle Board decisions

The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding VA treatment records and TERA participation. The Veteran's cardiac disability claim is being addressed as it relates to physical trauma.

The Board has remanded the claims for bilateral shoulder disabilities, low back disability, left ankle disability, and right knee disability due to insufficient medical opinions. The Veteran's service records do not show any diagnosed hip or ankle conditions during his active service.

The Veteran's bilateral foot condition, cervical spine condition, and left ankle condition were not shown as chronic in service or within the applicable presumptive period. The evidence does not establish continuity of symptomatology since service.,The Veteran's cervical spine condition was not shown as chronic in service or within the applicable presumptive period. The evidence does not establish continuity of symptomatology since service.,The Veteran's left ankle condition was not shown as chronic in service or within the applicable presumptive period. The evidence does not establish continuity of symptomatology since service.

The Veteran's appeals concerning his ratings and service connection for ankle, shin splints, and malleolar fractures have been dismissed due to the Veteran's death.

The Veteran requested to withdraw his appeal for a compensable disability rating for left ankle scars, and the Board has dismissed the appeal.

The Board has determined that the Veteran's right ankle disability is a recurrent condition and remanded for further examination to determine its relationship to service.

The Veteran's appeal for a higher level of SMC was denied as he does not meet the criteria for any additional levels of SMC based on his service-connected disabilities.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, as he has completed high school and one year of college, worked for over twenty years in the same position without any problems, and is retired. Therefore, TDIU is denied.

The Veteran's low back disability was restored to a 40% rating. Service connection for neck, right shoulder, left shoulder, and bilateral ankle conditions is granted but the claims are remanded due to insufficient evidence. TDIU remains pending.

The Board dismissed the appeals as untimely due to failure to file a proper Notice of Disagreement within one year from the date of the March 2019 rating decision.

The Veteran's tinnitus is granted as service-connected due to in-service noise exposure.,Service connection for bilateral hearing loss and blurry vision (claimed as a bilateral eye condition) are denied.

The Board has granted an earlier effective date of November 26, 2019 for the award of a total disability rating based on individual unemployability (TDIU) due to service-connected mental health and knee disabilities.

The Board has determined that new and relevant evidence has been received to readjudicate the claim for a left ankle disability. The Veteran's fibromyalgia is granted as secondary to her service-connected acquired psychiatric disorder. The claims of entitlement to service connection for low back, right hip, and left ankle disabilities are remanded due to pre-decisional duty to assist errors.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on aid and attendance due to his dementia, which is not service-connected.

The Board has remanded the claims for left ankle deltoid ligament sprain, left knee strain, and left meniscal tear due to inadequate VA examinations that did not discount the beneficial effects of pain medications. The AOJ is instructed to obtain additional medical records and schedule the Veteran for a new VA examination.

The Board has granted service connection for right knee disorder, left knee disorder, right ankle disorder, left ankle disorder, right foot disorder, and left foot disorder as secondary to the Veteran's service-connected lumbar spine disorder. Service connection for abdominal pain is denied.

The Board has found that new and relevant evidence has been presented since the June 2019 rating decision, warranting readjudication of the Veteran's claims for service connection for bilateral eye condition, left knee condition, right knee condition, and left ankle condition. The case is being remanded to allow for further development.

The Board has determined that the Veteran does not have a current disability for each of his claimed orthopedic conditions, and there is no evidence to support a finding that any such disabilities are related to service.,Service connection was denied for all of the Veteran's orthopedic complaints as they were not shown to be related to service.

The Board has decided to remand the case due to inadequate medical opinion and insufficient notice under 38 C.F.R. § 5104(b). The Veteran's eligibility for the PCAFC is being reviewed, but a new medical determination considering all medical information of record is needed.

The Veteran's appeals for service connection for left and right ankle disabilities were dismissed due to a March 2021 rating decision granting those conditions effective November 3, 2016. The appeal for sleep apnea was remanded.