Ankle decisions — 2019

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

The Veteran's claim for TDIU prior to November 25, 2009 was denied as the evidence did not show she was unable to obtain gainful employment due to her service-connected disabilities.,The Veteran's claim for TDIU from May 1, 2010 under 38 C.F.R. § 4.16(b) is remanded for further consideration of all available medical evidence.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include right ankle disability, bilateral foot disabilities, obstructive sleep apnea, and acquired psychiatric disabilities.

The Veteran's right ankle disability is currently rated at 10 percent, and the Board denied a higher rating as there was no evidence of marked limitation of motion.

The Veteran's tinnitus is granted as service-connected. The Board finds the Veteran competent and credible regarding his in-service noise exposure and continuous symptoms since discharge, but places little weight on the VA examiner's opinion that the tinnitus is not related to service. For the bilateral elbows, hips, and ankles, and low back disabilities, the Board finds remand necessary for further examination.

The Board has remanded the cases for further development and consideration, including a VA examination to determine if the Veteran's current conditions are related to her hepatitis C.

The Veteran's appeal for an increased rating for PTSD prior to March 3, 2016 and from that date has been dismissed. The Board also remanded the issue of entitlement to SMC based on aid and attendance.

The Board has remanded the claims for service connection for various disabilities, including a left leg disability, right knee and ankle disabilities, bilateral hip disabilities, and a right leg disability. The Veteran's active service is acknowledged, but there is no current evidence of a diagnosed condition related to his service.

The Veteran's claim for a higher rating for his service-connected left ankle disability and painful residual scar of the left ankle has been granted. He is now receiving a 20 percent rating for his left ankle disability, effective from when he was initially granted this rating in April 2013, and a 10 percent rating for his painful residual scar, also effective from April 2013.

The Veteran's claim for service connection for the left ankle disability was originally filed on June 2, 2015. The effective date of this grant has been set at June 2, 2015 as it is the earliest possible effective date under VA regulations.

The Veteran's service connection claims for various conditions have been reopened, but the Board has determined that additional evidence is needed to determine if these conditions are related to his military service.

The Board has remanded the case due to the need for updated VA records and an orthopedic examination of the Veteran's left ankle disability.

The Board has remanded the claims for service connection due to insufficient medical opinions and need for additional evidence. The Veteran's right ankle lateral collateral ligament sprain, left ankle disorder, and right arm glenohumeral joint osteoarthritis are all being reviewed for secondary service connection.

The Veteran's initial disability rating for residuals of left ankle tenosynovectomy of the posterior tibialis with tarsal tunnel release is granted at a 20 percent level.

The Veteran's appeals for hemorrhoids, right atrial enlargement with 1st degree atrioventricular block, and insomnia were dismissed. The Board granted a disability rating of 10 percent for bilateral hip disabilities (limitation of extension) effective October 16, 2018, and separate ratings of 30 percent for limitation of flexion, 20 percent for abduction, and 20 percent for marked limitation of the right ankle. The Veteran's appeals were dismissed as he withdrew them prior to the Board's decision.

The Board has granted service connection for left knee and right ankle disabilities as secondary to the Veteran's service-connected post-operative meniscus tear with severe arthritis of the right knee.

The Board has determined that the Veteran's claims for service connection of left knee, left ankle, and hemorrhoids disabilities are remanded due to insufficient evidence. The VA will schedule the Veteran for examinations to determine if these conditions are related to his military service.

The Board has denied the veteran's claims for service connection for left knee replacement, right quadricep rupture repair (also claimed as right knee condition), right ankle condition, and left ankle condition due to lack of evidence showing an in-service injury or disease.

The Veteran's petition to reopen a claim of service connection for left ankle instability is granted. The issues of service connection for right knee disorder and left hip disorder are remanded.

The Veteran's initial 20 percent rating for left ankle disability is granted, with the highest possible rating under the applicable diagnostic codes.