Ankle decisions — 2019

The Board has remanded the claims for right ankle disorder, cervical spine disorder, and back disorder (claimed as a back disorder) due to insufficient evidence.

The Board has granted service connection for bilateral ankle sprain and bilateral knee tendinitis/tendinosis (bilateral knee disability) as these conditions are related to in-service injuries.

The Veteran's claim for service connection for a right ankle disability is being remanded due to the need for additional medical examination and opinion.

The Board has remanded the Veteran's case for further development, including scheduling a VA examination and obtaining additional records. The right ankle impairment claim is being addressed separately.

The Board has granted an increased rating of 40 percent for the Veteran's back disability as of August 3, 2019. The other issues were denied or not addressed due to jurisdictional reasons.

The Veteran's VA disability compensation was improperly calculated and withheld from August 1, 1981 to October 2013. The Board is remanding the case to obtain records related to the Veteran's Federal Tort Claims Act settlement in 1981.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and development of evidence.

The Veteran's claims for service connection for right hip strain and arthritis, left ankle degenerative joint disease, and right knee osteoarthritis have been granted with effective dates of June 21, 2018. The Veteran is also awarded a separate disability rating of 20 percent for impairment of the right thigh function.

The Board denied the Veteran's claim for service connection for a right ankle disability, finding that his pre-existing condition did not worsen during active duty and that there is no credible evidence of ongoing treatment post-service.

The Veteran's claim for an increased evaluation for TBI residuals was denied as the evidence did not meet the criteria for a higher rating.,The appeal for an initial evaluation in excess of 50 percent for an acquired psychiatric disability, to include anxiety disorder, is dismissed because it has already been addressed and denied by the Board.

The Veteran's appeal includes claims for a higher rating for his left ankle posttraumatic arthritis and the propriety of reducing his disability rating from 20 percent to 10 percent. The Board has decided both issues should be remanded due to the need for additional examination.

The Board has determined that the Veteran's claims for service connection and increased ratings are remanded due to the need for additional examinations and opinions.

The Board has remanded the Veteran's claim for an increased rating for his service-connected right ankle arthritis due to a lack of recent examination and updated treatment records.

The Veteran's appeal is remanded for further rating determinations on his service-connected low back strain, right ankle sprain, and left ankle sprain.

The Veteran's dysthymic disorder (claimed as PTSD with depression) is currently rated at 30 percent prior to May 3, 2019 and 50 percent thereafter. The Board has determined that the evidence does not support a higher rating for this condition.,The Veteran's right knee degenerative joint disease is currently rated at 10 percent. The Board has determined that the evidence does not support a higher rating for this condition.

The Board has remanded the claims for left ankle lateral collateral ligament sprain, hypertension, and heart disease due to insufficient examination reports that did not consider credible lay statements of record.

The Veteran's service-connected disabilities do not prevent her from performing her current job as a Resident Assistant with the Federal Indian Health Service, and she is currently employed in an occupation for which she was previously found rehabilitated. The Board finds that the criteria for additional vocational rehabilitation under 38 U.S.C. Chapter 31 have not been met.

The Board has determined that the Veteran's residuals of a fractured and/or sprained left ankle were not incurred or aggravated during service, as there is no evidence showing such condition was present within one year post-service. The VA examiner found that the current condition is more consistent with degenerative changes over time.

The Board has decided to remand the service connection claims for various disabilities, including low back, neck, knee, ankle, and foot injuries sustained during military service. The Veteran's contentions include injuries from falling off helicopters and hitting his head and back in 1999, as well as knee and ankle injuries in 2000. VA is instructed to schedule the Veteran for an examination to determine if these disabilities are related to his service.

The Veteran's claim for a higher rating for his left foot/ankle disability is being remanded due to the need for additional development, including scheduling a VA examination and reviewing recent medical records.