Ankle decisions — 2020

The Board has remanded the cases due to insufficient medical opinions regarding whether the Veteran's current right ankle and lumbar spine conditions are related to his in-service complaints.

The Veteran's right ankle tendonitis is granted an increased rating to 20 percent for the entire claim period.,Service connection for a low back disability is granted. The Board also remanded issues regarding service connection for bilateral foot disabilities and entitlement to TDIU.

The Board has dismissed the appeals for entitlement to increased disability ratings for residual left and right ankle sprains due to the Veteran's death during the appeal process.

The Board has remanded the cases due to insufficient evidence regarding the Veteran's in-service injuries and their relation to his current ankle disabilities. A new VA examination is required to consider the Veteran's descriptions of incidents during service.

The Board has remanded the service connection claims for right foot, left foot, right ankle, and left ankle conditions due to failure of the Veteran to appear for VA examinations.

The Board has decided to remand the case for further development and an addendum opinion regarding the Veteran's right ankle disability, including its relationship to service and any aggravation by a stress fracture in August 1973.

The Veteran's appeal for an earlier effective date for service connection is dismissed as moot because the earliest possible effective date, November 1, 2012, has already been granted. The Board finds no error of fact or law to consider.

The Veteran's claims for service connection for an acquired psychiatric disorder, to include PTSD, and for increased ratings for left knee patella femoral syndrome and chronic left ankle sprain have been denied. The Veteran was found not to meet the criteria for a diagnosis of PTSD or social phobia at any time during the period on appeal.

The Board has remanded the case due to the need for additional records, including SSA disability benefits and VA medical records.

The Board has determined that the Veteran's applications to reopen his previously denied claims of entitlement to service connection for various knee, ankle, and hearing loss disorders must be reconsidered under the correct regulatory framework. The case is being remanded to issue a supplemental statement of the case.

The Veteran's claims for increased ratings for his right ankle and right knee disabilities were denied. The Board found that the evidence did not support higher ratings under applicable diagnostic codes.

The Board has decided to remand the four service connection claims for arthritis of the cervical spine, arthritis of the right hand, a low back disorder, and a right ankle disorder due to additional evidence being submitted without AOJ review.

The Veteran's appeals regarding left hand/wrist and right ankle disabilities, as well as bronchitis and lumbar spine disability have been dismissed.,Service connection for these conditions has not been established.

The Veteran's claim for service connection for neck disability with paraplegia was denied due to lack of new and material evidence.,Service connection for below the right knee amputation (claimed as loss of right foot secondary to right ankle and loss of right foot in surgery) was also denied.

The Board denied the Veteran's claim for VR&E benefits due to his not having a serious employment handicap and his eligibility period ending on August 11, 2008.

The Veteran's claims for service connection for various conditions, including lumbar spine disorder, cervical spine disorder, right shoulder disorder, left shoulder disorder, right ankle disorder, and left ankle disorder are denied. The VA examinations did not provide sufficient information to determine if the current disorders were caused or worsened by service-connected disabilities.

The Veteran's right rotator cuff injury, limitation of motion of the right knee, and left ankle sprain are all granted service connection. The psychiatric disorder is denied service connection, but the claim for a left shoulder condition is not addressed as it lacks current disability evidence.

The Veteran's low back disability was rated at 10 percent prior to December 2, 2016 and increased to 40 percent thereafter. The left ankle disability was rated at 10 percent prior to December 2, 2016 and increased to 20 percent thereafter.,The Veteran's low back disability did not meet the criteria for a higher rating before or after December 2, 2016.

The Veteran's service connection claim for an undiagnosed illness manifested by joint pain in the left ankle is granted. The Board finds that the Veteran exhibited objective indications of a qualifying chronic disability during active duty in the Southwest Asia theater of operations, meeting the requirements for service connection under § 3.317.

The Veteran's right ear hearing loss does not meet the criteria for a current disability as defined by VA regulation.,For the period from April 1, 2017 to March 31, 2019, the Veteran’s left ankle degenerative joint disease (DJD) more nearly approximated marked limitation of motion; there is no evidence of ankylosis.