Ankle decisions — 2019

The Board has remanded several issues related to the Veteran's service-connected disabilities, including spinal stenosis, right ankle disability, right shoulder disability, left total knee arthroplasty, and right knee disability. The issues include determining whether these conditions are related to service or other service-connected disabilities, as well as rating adjustments for some of these conditions.

The Board has remanded the case due to new evidence and a need for additional VA examination. The Veteran's claim for a higher rating for his right ankle injury is pending.

The Veteran's left ankle disability is related to active service and service connection for this condition has been granted. The cervical spine and bilateral foot disabilities are remanded for further examination and opinion.

The Board has granted the Veteran's claim for service connection for a bilateral ankle disability, finding that his current condition is more likely than not related to his in-service injuries.

The Board has remanded the case due to a need for additional examination and evaluation of the Veteran's left ankle disability.

The Board denied the Veteran's claim for service connection of a right ankle disability, finding that there is no evidence to support a nexus between his current right ankle disability and his military service.

The Veteran's right ankle disability was rated at 20 percent prior to August 7, 2019 and a rating in excess of 20 percent is denied. A 20 percent rating for left ankle disability from August 7, 2019 is granted.,Compensable ratings are not warranted for the Veteran's right ankle disability prior to August 7, 2019 as marked limitation of motion was shown but no ankylosis. From August 7, 2019, a rating in excess of 20 percent is denied due to lack of findings for ankylosis.,A 20 percent rating for left ankle disability from August 7, 2019 is granted as marked limitation of motion was shown but no ankylosis. Prior to this date, a rating in excess of 10 percent is denied due to lack of findings for ankylosis.

The Veteran's service-connected disabilities do not meet the threshold requirements for a total disability rating based on individual unemployability from April 7, 2010 to July 22, 2016. The Board found that the Veteran is unable to secure or follow substantially gainful employment due to his service-connected disabilities.

The Veteran's claims for increased disability ratings for his service-connected right elbow, left wrist and fingers, left knee, right knee, left ankle, right ankle, left elbow, and left index finger disabilities have been dismissed.,The issue of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded for further development.

The Veteran's claims for increased ratings and effective dates have been remanded due to the need for additional medical examinations.,Service connection claims for chronic diarrhea, a respiratory condition, hearing loss, bilateral shoulder pain, bilateral ankle pain, bilateral knee pain, and lower back pain are also remanded.

The Board has granted service connection for the Veteran's right ankle disorder, including a nonunion avulsion fracture of the medial malleolus and osteoarthritis, based on resolving all reasonable doubt in favor of the Veteran.

The Board denied the Veteran's application to reopen his previously denied claim for service connection for a left ankle disability, finding that new evidence did not raise a reasonable possibility of substantiating the claim.

The Veteran's left ankle disability is rated at 20 percent, the highest available rating for this condition without ankylosis.

The Veteran's appeal for service connection for residuals of a head injury, other than left eyebrow scar and headaches is denied. The Veteran's claims for compensable ratings for his scars and pseudofolliculitis barbae, as well as his claims for service connection for his knee disabilities, left ankle fracture, headaches, skin condition of the feet, and acquired psychiatric disorder are all remanded.

The Veteran's right ankle disability, including mild posterior tibialis, flexor hallucis longus tenosynovitis, and partial tear of the deep deltoid ligament, is currently rated at 10 percent. The Board has decided to remand this case for further examination and assessment.

The Veteran's chronic obstructive sleep apnea is found to have had its onset during his period of active duty, and service connection for this condition is granted.

The Board denied service connection for a left ankle disability, low back disability, and bruises of the left side of the body due to lack of evidence linking these conditions to service.

The Veteran's right ankle sprain with DJD is granted service connection. The rating for prostate cancer remains at 10 percent prior to April 19, 2016, and at 40 percent from that date.

The Veteran withdrew their appeals for higher initial disability ratings in all three cases, and the Board has dismissed these appeals.

The Veteran's claims for PTSD and a right ankle disability were denied in November 2014, but he did not file a Notice of Disagreement within the one-year appeals period. He filed to reopen his claims in June 2016, which is when they became effective. The Board found that the evidence does not show entitlement to an earlier effective date.