Ankle Board decisions

The Board has determined that the VA contract examiner's opinions are inadequate and internally inconsistent, necessitating further examination and opinion to determine the nature and etiology of the Veteran's claimed disabilities.

The Board has decided to remand the case for further development and opinion regarding service connection for a left ankle disability. The Veteran's lay statements, as well as his service records, indicate he had an ankle injury during service. He also testified that after returning home from deployment, his ankle began swelling and causing pain. A VA examiner is needed to determine if this current disability is related to service or due to the service-connected right hallux rigidus with metatarsophalangeal joint degenerative changes and/or right calcaneal heel spur disabilities.

The Veteran's ventral hernia was not proximately caused by VA care, nor does it constitute an event not reasonably foreseeable.,The Veteran's bilateral ankle disorder did not begin during service and is not related to his active-duty service.

The Board has remanded the cases due to inadequate development and lack of substantial compliance with previous directives. The Veteran's obstructive sleep apnea and bilateral ankle disabilities are being reviewed again for proper etiology opinions.

The Board has granted service connection for tinnitus, bilateral knee disorders (right and left), and bilateral ankle disorders (left and right). The conditions are related to the Veteran's military service.

The Veteran withdrew his appeals on the issues of increased ratings for degenerative arthritis of the lumbar spine and post traumatic degenerative joint disease of the right ankle, as well as service connection for tinnitus.

The Board has granted service connection for left knee, right ankle, left ankle, right shin, and left shin disabilities based on the Veteran's credible reports of in-service injuries and medical opinions linking these conditions to his military service.

The Veteran's claim for service connection for dyspnea was denied as it is not related to his service-connected PTSD.,The Veteran withdrew his appeal for left ankle strain and shoulder strain.

The Board has remanded the claims of service connection for right hip, right knee, and right ankle disabilities due to a duty to assist error related to missing private treatment records from Dr. L.

The Veteran's diabetes and coronary artery disease are due to his in-service exposure to herbicide agents. The peripheral neuropathy of the left and right lower extremities is secondary to his service-connected diabetes. The left ankle arthritis is also secondary to his service-connected fracture left distal tibia and fibula.,Service connection for diabetes, CAD, left ankle arthritis, and bilateral peripheral neuropathy has been granted.

The Veteran's claim for service connection for bilateral plantar fasciitis has been granted. The right ankle condition and OSA claims have been denied.,The Board found new and relevant evidence to warrant readjudication of the bilateral plantar fasciitis claim, but not for OSA or right ankle conditions.

The Veteran's claims for cervical radiculopathy of the upper extremities and degenerative arthritis of the spine are remanded due to lack of recent VA treatment records.,The Veteran's claim for diabetes mellitus type II is remanded as there were no recent private medical records submitted.,The Veteran's claim for degenerative arthritis of the hands, with ununited fracture ulnar styloid on the right, is remanded due to lack of recent VA treatment records.,The Veteran's claim for gout, bilateral great toe MTP joint, is remanded as there were no recent private medical records submitted.,The Veteran's claim for left ankle insertional Achilles tendinopathy with gout is remanded due to inadequate nexus opinion on the part of the VA examiner.,The Veteran's claim for hypertension is remanded as there was no current diagnosis in the October 2021 VA examination.,The Veteran's claim for nummular eczema is remanded due to an inadequate nexus opinion based on the absence of a presumptive condition list.,The Veteran's claim for prostate condition is remanded due to an inadequate nexus opinion based on the absence of a presumptive condition list.

The Board has reopened the claims for service connection for acid reflux, bilateral lower extremity peripheral neuropathy, residuals of left ankle fracture, and urinary incontinence secondary to a psychiatric disorder. The other claims remain denied as new evidence does not relate to these issues.

The Veteran's claims for increased ratings and earlier effective dates for PTSD, back disability, right hip disability, right knee disability, left knee disability, and right ankle disability are being remanded due to the need for additional VA examinations.

The Veteran's hypertension was not shown to be related to service, and thus service connection is denied.,Her chronic bronchitis has been asymptomatic throughout the appeal period, preventing a compensable rating under VA criteria.,Prior to November 18, 2020, her sinusitis did not meet the criteria for a compensable disability rating due to its asymptomatic nature.,The Veteran's herpes did not affect more than 20% of her entire body or exposed areas and did not require corticosteroid or other immunosuppressant drugs for at least 6 weeks, preventing an initial evaluation in excess of 10 percent.,Her left ankle disability did not meet the criteria for a rating in excess of 10 percent due to marked limitation of motion.

The Veteran's right shoulder disability is rated at 10 percent since March 1, 2010. The Board finds that the evidence does not support a higher rating.

The Veteran's petition to reopen claims for right ankle, hand, arm, and shoulder disorders were granted. The appeal is granted on these issues.

The Veteran's left ankle strain was initially rated as 10 percent prior to May 8, 2020, and increased to 20 percent thereafter. The appeal is remanded for further evaluation.,A higher rating of 20 percent has been granted from the date of the hearing on May 8, 2020.

The Veteran's asthma has not met the criteria for a disability rating in excess of 30 percent.,Service connection for sleep apnea is denied.

The Board denied the Veteran's claims for service connection for a left ankle disability and tinnitus, finding no current diagnosed disabilities that were incurred in or due to his time in service.