Ankle decisions — 2019

The Board has remanded the issues of service connection for various disabilities, including cervical spine disability, left knee disorder, right knee disorder, left hip disorder, left ankle disorder, and left foot disorder. The claims are pending before the Agency of Original Jurisdiction (AOJ).

The Board denied an initial disability rating in excess of 10 percent for the Veteran's service-connected left ankle disability, finding that at all times during the appeal his disability did not meet or approximate the criteria for a higher evaluation.

The Veteran's bilateral hearing loss is currently rated as noncompensable, and his right ankle condition is currently rated at 10 percent. The Board has determined that the evidence does not support a higher rating for either condition.

The Board has granted service connection for a left ankle disability and remanded the issue of secondary service connection for a left foot disability.

The Board has granted service connection for bilateral carpal tunnel syndrome. The appeals for right knee disorder, left ankle disorder, bilateral hearing loss, and hypertension have been dismissed due to the Veteran's withdrawal of these claims.

The Veteran's tinnitus is granted as service connected.,Service connection for a lumbar spine disability is denied.,Service connection for COPD is denied.,Service connection for hearing loss is denied.,Service connection for a left ankle condition is denied.,Service connection for sterility is denied.

The Board has remanded the Veteran's claims for service connection for irritable bowel syndrome and an initial rating in excess of 10 percent for left ankle sprain due to inadequate development, including failure to comply with prior remand directives.

The Board has remanded the Veteran's claims for service connection for various joint disabilities, including painful aching joints of the entire body and osteoarthritis. The VA will obtain relevant medical records from VA, SSA, and private providers, and schedule the Veteran for additional examinations to determine the nature and etiology of his claimed conditions.

The Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation, but he is entitled to TDIU benefits effective November 22, 2017.

The Veteran's appeal for service connection of a left ankle disability has been dismissed due to the death of the Veteran.

The Veteran's right ankle disability has been rated at 10 percent, but the Board granted a higher rating of 20 percent based on marked limitation of motion.

The Board has remanded the Veteran's claims for back condition, left ankle injury, hypertension, and sleep disorder due to outstanding medical records and further examination.

The Board has determined that the Veteran's request for vocational rehabilitation and employment benefits, including pursuit of a Juris Doctor (J.D.), is not supported by evidence in his file. The AOJ must ensure all relevant documents are obtained and associated with the claims file, obtain any outstanding VA treatment records, and contact the Veteran to gather additional information regarding his attempts at employment. A vocational rehabilitation evaluation should then be conducted to determine if the Veteran's proposed change of goal is feasible.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional VA treatment records, including those from private physical therapy providers. The Veteran is also asked to complete a new VA Form 21-8940 regarding his employment status.

The Veteran's annual clothing allowance based on static qualifying disability is restored due to the continued use of a prescribed hinged knee brace and topical ointments that cause damage to his clothing.

The Veteran's left ankle disability is rated at a 30 percent rating effective May 24, 2016. The Veteran’s bilateral pes planus remains at a 50 percent rating. The Veteran's right ankle disability and TDIU claim are remanded.

The Veteran's chronic strain of the left ankle disability was granted a 20 percent evaluation from January 1, 2008 to August 21, 2017. The appeal for an increased rating in excess of 20 percent since August 21, 2017 is denied.

The Veteran's PTSD, right ankle tendinitis, left knee patellofemoral pain syndrome, and degenerative disease of the lumbar spine are all remanded for further evaluation.

The Veteran's claims for service connection are remanded due to the need for additional examinations and opinions regarding the etiology of his claimed conditions, particularly those related to bilateral ankles, knees, hips, lumbar spine, cervical spine, right ankle condition, left ankle condition, right knee condition, left knee condition, right hip condition, left hip condition, and sleep apnea. The claims are also remanded for increased evaluations.

The Veteran's claims for service connection for left knee and left ankle disorders, tinnitus, migraine headaches, and cervical spine disability have been granted.,New evidence has reopened the Veteran's previously denied claims of service connection for these conditions.