Ankle decisions — 2020

The Veteran's left ankle disability was rated at 10 percent prior to October 15, 2018 and increased to 20 percent thereafter. The claim for a higher rating is denied.,TDIU was granted effective October 15, 2018, but the pre-October 15, 2018 period is not considered due to lack of minimum schedular requirements.,The Veteran's service-connected disabilities did not meet the criteria for TDIU prior to October 15, 2018.

The Veteran's right hip disorder with right hamstring strain has been granted a higher rating of 20 percent, but no higher.,The Veteran's right thigh limited abduction has also been granted a higher rating of 10 percent, but no higher.

The Veteran's initial compensable rating for residuals of a left inguinal hernia was denied as the condition does not meet the criteria for a higher rating.,Service connection for his left ankle condition, claimed as secondary to service-connected right ankle sprain, was also denied due to lack of evidence supporting causation or aggravation.

The Veteran's left ankle disability is currently rated at 20 percent, and the Board has determined that further development is needed to determine if a higher rating is warranted due to recent surgery. The case is being remanded for this purpose.

The Board has decided to remand the case due to the Veteran's failure to attend a scheduled VA examination for his left ankle disability. The claim will be reconsidered with an appropriate examination.

The Board has remanded the issues of service connection for blindness, glaucoma, hypertension, TBI, rheumatoid arthritis, right shoulder pain, left shoulder pain, left elbow disorder, right shoulder disorder, right wrist disorder, left wrist disorder, numbness and stiffness in the right toes, numbness, pain, and tingling in the left leg, joint pain and swelling in the jaw, right hip disorder, left hip disorder, left knee disorder, right ankle disorder, left ankle disorder, bilateral pes planus, left foot bunions, right foot bunions, residuals of a rib fracture, right hand disorder, left hand disorder, tonsillitis, dizzy spells, chronic fatigue disorder, pharyngitis (inflammation of the throat), allergy disorder, breathing disorder, sleep apnea, heart disorder manifest by an irregular heartbeat, ulcer, gastritis, gastrointestinal disorder manifested by gas and stomach problems, GERD, kidney disorder, residuals of a left chest lipoma, obesity, left arm disorder, and numbness, pain, and stiffness in the fingers.

The Veteran's service-connected depressive disorder is granted at a 70 percent disability rating, effective January 17, 2015.

The Board denied service connection for bilateral foot disability and low back disability, but granted service connection for right ankle tendonitis.,There is no effective date provided in the decision.

The appeal for the issues of service connection and increased evaluations is dismissed. The issue of TDIU remains pending.

The Veteran's claim for an acquired psychiatric disability other than PTSD, left ankle condition, bilateral knee condition, lower back condition, and headaches is denied as there are no new or material evidence to reopen the claims. The current rating for PTSD already covers her anxiety and depression symptoms.

The RO reduced the Veteran's evaluation for his left ankle scar from 10% to noncompensable, but did not observe all procedural safeguards. The Board restored the 10% evaluation as it was void ab initio.

The Veteran's service-connected disabilities precluded him from securing or following a substantially gainful occupation, and the Board granted his claim for total disability rating based on individual unemployability due to service-connected disabilities (TDIU).

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and evaluations.

The Board has dismissed the claim of service connection for left ear hearing loss. The remaining issues on appeal have been remanded.

The Board has remanded the claims of service connection for left foot, right foot, and right ankle disorders due to inadequate VA examinations. A new examination is required by a physician who has not previously examined him.

The Board has denied the Veteran's claims for service connection for left ankle and left knee disorders, finding that these conditions are not related to his military service or caused by his service-connected right ankle and right knee disabilities.

The Board denied the Veteran's claim for service connection for a left ankle disability, finding that there is no evidence of chronicity or continuity of care following service discharge and noting inconsistent statements regarding treatment history.

The Board has remanded the Veteran's claims of service connection for various disorders, including back disorder, cervical spine disorder, right shoulder disorder, left shoulder disorder, right ankle disorder, and left ankle disorder. The issues are being returned to the AOJ for review of additional evidence.

An effective date of November 13, 2013 is granted for the grant of service connection of right lower extremity radiculopathy.,The earlier effective dates for left shoulder and ankle scars are denied.,A 20 percent rating is granted for right lower extremity radiculopathy.

The Board has denied the Veteran's claims of service connection for a bilateral foot disability, bilateral lower extremity disability (residuals of cold weather injury), and bilateral ankle disability. The evidence does not support current diagnoses or a link to service.