Ankle Board decisions

The Veteran's service-connected disabilities rendered him unable to obtain or retain substantially gainful employment from December 12, 2001, and he is eligible for special monthly compensation based on the need for regular aid and attendance starting July 24, 2017.

The Board granted service connection for an acquired psychiatric disorder and a right foot disability, as secondary to service-connected disabilities. The appeals for service connection of prostate cancer, diabetes, GERD, and hypertension were dismissed due to the RO's subsequent grant of these conditions.

The Board remands the claim for a right ankle disorder to VA for additional medical inquiry due to inadequate compensation examination reports.

The Board denied service connection for various musculoskeletal conditions, including a back condition and shoulder, knee, and ankle conditions, as the evidence did not support a finding of current disability or a link to in-service events.

The Veteran was granted a 70 percent rating for PTSD from September 22, 2020, but no higher. The appeal for TDIU and service connection claims were denied or dismissed.

The Board denied service connection for obstructive sleep apnea and erectile dysfunction, but granted an increased rating of 40 percent for a low back disability (intervertebral disc syndrome) and 20 percent for bilateral lower extremity radiculopathy.

The appeals for service connection and initial ratings were dismissed due to an untimely Notice of Disagreement (NOD) being filed more than one year after the November 2022 rating decision.

The Board denied service connection for a fatigue disability and remanded several other claims, but granted an increased evaluation of 50 percent for the Veteran's migraine headaches.

The Veteran withdrew his appeal, and there are no allegations of error for appellate consideration.

The Board remands the claims for further development and to ensure compliance with VA's duty to assist.

The Board remands the claims for service connection for a neck condition, bilateral elbow condition, bilateral hip condition, bilateral ankle condition, and narcolepsy due to inadequate VA examinations and potential pre-decisional duty to assist errors.

The Board granted a 30 percent disability rating for right knee retropatellar pain syndrome from August 23, 2010, and denied an earlier effective date for the grant of service connection for a right ankle disability.

The Board granted service connection for several conditions, including OSA, cervical spine condition, left shoulder condition, right shoulder condition, and others, but dismissed appeals for obesity, TMJ, insomnia, left elbow, and right elbow. The Board also denied an earlier effective date for a 70% rating for acquired psychiatric disorder.

The Board denied service connection for right ankle replacement, finding that the evidence does not support a link between the Veteran's current condition and his in-service injuries.

The Board denied the Veteran's claims that five prior rating decisions were products of clear and unmistakable error. The Board found that the Veteran's arguments constituted disagreements with how the Agency of Original Jurisdiction weighed evidence in final prior decisions, which cannot rise to the level of valid CUE claims.

The Board remands the claims for increased ratings for right hip, right knee, right ankle, hyposmia, and GERD disabilities to correct a pre-decisional duty to assist error.

The Board remands the claims for service connection for an acquired psychiatric disorder, a neck disability, a left knee disability, and a right ankle disability due to the need for VA examinations.

The Board denied a rating in excess of 70 percent for PTSD with TBI, granted separate ratings of 30 percent for BPPV and migraine headaches, and denied increased ratings for other conditions. Service connection was also denied for various disabilities.

The Board granted a 40 percent rating for degenerative disc disease (DDD) with degenerative arthritis and retrolisthesis from February 16, 2021. Other claims were denied.

The Board granted service connection for lumbar spine, left ankle, and GERD disabilities but denied higher ratings for the right shoulder and left knee disabilities.