Ankle decisions — 2019

The Veteran's claim for service connection for a fungus infection of the left foot has been reopened. The VA is remanded to determine if he should be granted an increased rating for bilateral pes planus and a separate rating for his left ankle bi-malleolar fracture, as well as continue with the PTSD evaluation.

The Veteran's claim for restoration of a 30 percent rating for bilateral foot strain and plantar fasciitis associated with left ankle tendonitis was denied as there was no evidence of actual improvement in the disability, despite the proposed reduction from 30 to 10 percent.

The Board has determined that there is no evidence of a current left ankle disability or right ankle disability at any time during the pendency of the claim. The Veteran's representative argued for service connection based on secondary aggravation by his service-connected right knee disability, but this theory was not supported by medical evidence.,For the left foot and right foot disabilities, additional VA examination is needed to determine if they are aggravated by a service-connected right knee disability.

The Board has remanded the Veteran's claims for service connection for right ankle disorder and low back disorder, as secondary to a right ankle disorder. The remand is due to insufficient medical opinions regarding the nature and origin of these disorders.

The Veteran's request for a rating in excess of 10 percent for his right ankle disability and for compensable ratings for surgical scars, residuals of right ankle surgery was denied. The Board found that the evidence did not support these claims as there was no ankylosis or malunion of os calcis or astragalus, and range of motion was limited but within moderate levels.

The Board has remanded the case due to incomplete records and the need for further investigation into the Veteran's in-service injury and any aggravation of his pre-existing left ankle disability.

The Veteran's right ankle sprain has been rated at 10 percent, and the Board denied a higher rating as there was no marked limitation of motion.

The Veteran's left ankle disability is currently rated at 10 percent, and the Board has decided to remand the case for a new VA examination to determine its current severity.

The Board dismissed the Veteran's appeals for earlier effective dates in all three issues: TDIU, SMC based on housebound status, and DEA benefits. The reasons were that these issues had already been decided by a final January 2019 decision.

The Veteran's service-connected PTSD, along with other disabilities including hearing loss and ankle sprain, has rendered him unable to secure or follow substantially gainful employment. The Board granted a total disability rating based on individual unemployability (TDIU).

The Veteran's service-connected disabilities have worsened, and he requires assistive devices to walk. The Board has ordered a new VA examination to assess the impact of his service-connected conditions on his ability to use assistive devices for locomotion.

The Veteran's appeal is being remanded to obtain additional medical opinions regarding his claimed conditions and their relationship to service. The issues of entitlement to service connection for gout, right ankle disability, left ankle disability, bilateral pes cavus, and weakness of the left lower extremity are all being reviewed.

The Veteran's claims for service connection have been dismissed due to their death.

The Veteran's bilateral hearing loss has been rated as noncompensable, with the right ear at Level IV and left ear at Level I. The Board found that the speech discrimination results were mistakenly reversed in one of the examination reports.,The Veteran was not provided an examination for his claimed ankle and hernia disorders due to lack of medical evidence of current diagnoses or service connection.

The Veteran's left ankle degenerative arthritis is currently rated at 10 percent, but the Board has remanded to determine if a higher rating is warranted due to pain and functional loss. The issue of service connection for rhinitis remains pending.

The Veteran withdrew his appeals for all issues on appeal, including increased ratings and service connection claims.

The Board has determined that the Veteran's service-connected disabilities do not prevent him from maintaining substantially gainful employment, despite his reported limitations and current employment.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues are a skin disorder, including dermatitis and eczema, and residuals of a right ankle strain.

The Veteran's claim for an increased rating for his service-connected right ankle disability is remanded due to a lack of recent examination and the need for a current VA examination.

The Veteran's right ankle sprain is rated at 20 percent, effective August 29, 2014. The claim of service connection for bilateral hearing loss is remanded.