Ankle decisions — 2019

The Board has remanded the issues of service connection for dental condition, lumbar spine disorder, right ankle disorder, and right ear hearing loss due to incomplete records and need for additional medical opinions.

The Board has granted service connection for a left ankle disability and dismissed the issue of an increased rating for cervical spine arthritis.

The Board has remanded the Veteran's claims of service connection for neck, right hip, left hip, and bilateral ankle conditions due to insufficient medical opinions regarding their etiology.

The Board has remanded the issues of service connection for bilateral ankle disability, left knee limitation of flexion, and left knee subluxation. The Veteran's contact dermatitis claim was reopened due to new evidence submitted within one year of a prior denial. Service connection for TDIU is also remanded.

The Veteran's service connection for left and right ankle conditions, as well as the initial rating of 50% from January 1, 2014 through December 5, 2016 for PTSD and TBI (claimed as chronic insomnia with LOC) has been granted.

The Board has remanded the Veteran's claims for additional development due to the need for VA examinations.

The Board has remanded the case due to an inadequate VA examination of the left ankle condition. A new examination is needed to determine the current severity of the Veteran's left ankle condition, including during flare-ups.

The Board has decided to remand the claims for neck condition, left ankle condition, and head injury due to insufficient rationale in the VA examiner's opinion. Additional evidence is needed to determine if these conditions are related to service.

The Board has identified several issues that require further review, including the need for new examinations and consideration of additional medical records. The Veteran's claims for increased ratings and service connection are being REMANDED to allow for these reviews.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the etiology of his claimed conditions. The Veteran will be provided with additional examinations and opinions.

The Board has decided that the Veteran's service-connected bilateral plantar fasciitis and right foot Morton Neuroma may be aggravating his right ankle condition, but a VA examination is needed to determine if this aggravation is at least as likely as not caused by these service-connected conditions.

The Veteran's left ankle disability is currently rated at 30 percent effective February 1, 2012. The Board denied a higher rating for the left ankle disability.

The Board has remanded the Veteran's claims of service connection for right hip and right ankle conditions due to a lack of a DRO hearing, and also ordered further medical examination.

The Veteran's lumbar spine disability and residuals of a right ankle fracture have been granted service connection.,A separate initial rating of 10 percent has been granted for the Veteran's right knee lateral instability.

The Board denied the Veteran's claims of increased ratings for his left and right ankle disabilities, as well as his requests to increase his ratings for his left and right knee disabilities. The appeal regarding service connection for a cervical spine disability was not addressed in this decision.

The Board denied the Veteran's request for an earlier effective date for a 20% rating for her right ankle disability, finding that it was not factually ascertainable prior to August 18, 2014, that she met the criteria for such a rating.

The Veteran's claims for service connection are being remanded due to the need for further medical examinations and evaluations. The issues of increased initial ratings, flu residuals, allergic rhinitis, right shoulder sprain residuals, lumbar spine strain residuals, right knee patellofemoral syndrome, left ankle sprain residuals, and left knee degenerative arthritis are also being remanded.

The Veteran's appeal is REMANDED for a VA examination to determine the current severity and manifestations of her service-connected right ankle sprain with shin splints. The issues of entitlement to increased ratings for GERD, allergic rhinitis, and left shin splints are still pending.

The Veteran's service-connected disabilities include migraine headaches, right foot status post fracture second toe with degenerative joint disease, and chronic right ankle strain. The combined rating for these conditions is 60 percent, which does not meet the percentage standards set forth in § 4.16 (a). However, there is evidence suggesting the Veteran may be unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, leading to referral to the Director of Compensation Service for extraschedular TDIU evaluation under 38 C.F.R. § 4.16 (b).

The Veteran's combined disability rating from October 3, 2011 is 50 percent. The Board finds that this rating is accurate and denies the claim for a higher rating.