Ankle Board decisions

The Board has remanded the cases for further development and consideration, including a new examination to assess the severity of the left ankle disability and information about the Veteran's work history for TDIU.

The Veteran's service-connected disabilities have been shown to preclude substantially gainful employment for the period from January 24, 2009, to August 12, 2020. The Board has granted a TDIU on an extraschedular basis during this period.

The Veteran's back disability is rated at 40 percent effective December 13, 2011. A rating in excess of 40 percent for the period prior to December 11, 2019, was dismissed. The Veteran's right lower extremity neuropathy has been granted a 20 percent rating since September 24, 2020. Service connection for bilateral pes planus is denied as it did not occur within one year of service. Chronic sinusitis and right ear hearing loss are presumed to be related to military service. The Veteran's left hip, right hip, left knee, right knee, and left ankle disabilities were all denied. Bronchitis was granted effective August 10, 2022 (PACT Act). TDIU is granted effective November 20, 2012.

The Board has remanded the Veteran's claims for left ankle disability and lumbar spine disability due to additional development being needed.,The Board has also remanded the Veteran's claim for neurological disorder (restless leg syndrome) and OSA as secondary to service-connected PTSD with alcohol use disorder, depressive disorder, and unspecified anxiety disorder due to additional development being needed.,,

The Veteran's sleep apnea is not service-connected as it did not begin during active service and there is no evidence of a nexus to an in-service injury or disease.,Service connection for irritable bowel syndrome (IBS) is granted as the disability was shown as chronic during a presumptive period and is not attributable to intercurrent causes.,The Veteran's hemorrhoids are not service-connected as he has not had them at any time during or approximate to the pendency of the claim.,Service connection for left knee disability, right knee disability, acid reflux disability, low back disability, left hip disability (secondary to a low back disability), and right hip disability (secondary to a low back disability) is remanded as there are inextricably intertwined issues with pes planus that need further clarification.,Service connection for pes planus is remanded as the examiner must provide an opinion on whether it was worsened beyond its natural progression during service.

The Board has remanded the Veteran's claims for service connection for various joint disabilities due to outstanding private treatment records and SSA records not being available.

The Veteran's appeal for an increased rating for a left ankle disability and TDIU was denied. The Board found that the evidence did not support a higher rating for the left ankle disability, as it only met moderate limitation of motion criteria. For TDIU, the Veteran's service-connected disabilities (left knee instability, left knee chondromalacia patella, and left ankle disability) precluded him from securing or following substantially gainful employment.

The Board has decided to remand the claims for service connection for left shoulder and left ankle disabilities due to incomplete records and need for additional medical opinions.

The Board has determined that the Veteran's hypertension, which is presumed to be due to herbicide agent exposure in Vietnam, caused his ischemic stroke and ultimately led to his death. As a result, service connection for the cause of death is granted.

The Board has remanded three issues related to service-connected knee and ankle disabilities due to the need for a new VA examination. The Veteran's right knee, right ankle, and left ankle disabilities are all rated at 10 percent.

The Veteran's asthma is granted as service-connected due to presumed exposure to burn pits during his service in the Persian Gulf War.,Service connection for right ankle and neck disabilities is denied because there is no evidence of a nexus between these conditions and service.

The Board has decided to remand the case due to a lack of substantial compliance with prior remand directives and the need for additional examination. The Veteran's right ankle disability rating is being reviewed again.

The Board has decided to remand the cases for further examination and opinion regarding the Veteran's right ankle arthritis and any right calf disability. The cases will be reviewed again with a focus on assessing the current severity of these conditions and determining if they are related to service.

The Veteran's left ankle DJD is granted a 20% rating, but no more. The lumbar spine disability remains at 40%. A TDIU is granted.

The Board has remanded the case for additional medical opinions regarding the Veteran's lumbar spine disorder. The issues of service connection for right and left ankle arthritis, sleep apnea, and lumbar spine disorder are still pending.

The Veteran's service-connected disabilities, including left and right ankle conditions, left knee arthritis, right knee condition, and TBI residuals, have effective dates starting from October 22, 2014.

The Veteran's appeal for various disability ratings and effective dates has been dismissed due to his withdrawal of the appeal.

The Veteran's service-connected disabilities prevented him from securing or following substantially gainful employment since May 31, 2007. The Board granted TDIU effective that date.

The Veteran's claims for service connection for bilateral hearing loss, back disability, and left knee disability are being remanded due to the need for additional examinations.,Service connection is also being remanded for a compensable rating for hypertension and a compensable rating for a left ankle residual scar.

The Board has remanded the case for further development and an examination to determine if the Veteran's recurrent right ankle disability is related to her service or any other condition.