Ankle decisions — 2020

The Veteran's appeal for a higher rating for his left ankle disability has been withdrawn. The Board granted the TDIU claim, finding that the Veteran's service-connected disabilities prevent him from engaging in substantially gainful employment.

The Veteran's tinnitus is granted as service-connected.,The Veteran's right foot fungal infection and left foot fungal infection are both granted as service-connected.,Service connection for a right ankle sprain, acne, and bilateral leg pain is remanded.

The Board denied the Veteran's claims for service connection for a left ankle disability and sleep disorder (specifically sleep apnea) due to lack of evidence linking these conditions to her military service.

The Veteran's service-connected migraines have been restored to a 30 percent rating, effective April 29, 2019. A 50 percent rating for migraines has also been granted.

The Board has determined that additional examinations and information are needed to properly adjudicate the Veteran's claims for service connection, including determining his periods of active duty and Reserve service. The case is therefore being remanded.

The Veteran's appeals for higher evaluations for his service-connected right and left shoulder disorders have been dismissed as the Veteran withdrew his appeal.,The Veteran's appeals for higher evaluations for his service-connected cervical spine disorder, right knee retropatellar pain syndrome, left knee retropatellar pain syndrome, and left ankle tendinitis are remanded to obtain additional VA examinations.

The Veteran's hypertension is currently rated as 10 percent disabling. The Board finds that a higher rating is not warranted.,The Veteran’s left arm disability and left ankle disability are both remanded for additional examinations to comply with VA examination requirements.,The Veteran’s chronic lumbar strain disability is also remanded for an examination to determine the extent of functional loss during flare-ups.,Service connection for diabetes mellitus is remanded as the Veteran claims he was diagnosed in service. Further documentation of his service at Camp Lejeune is needed.,Service connection for liver spots and rectal cancer residuals are both remanded due to potential exposure to contaminants at Camp Lejeune.,reasoning

The Veteran's claim for SMC based on the need for aid and attendance is being remanded due to the need for a new VA examination to assess his service-connected disabilities.

The Veteran's claims for increased ratings were denied as the assignment of increased disability ratings would violate the 'amputation rule' and other criteria. The lumbar spine disability was not manifested by forward flexion of the thoracolumbar spine to 30 degrees or less, nor did it result in favorable ankylosis of the entire thoracolumbar spine.

The Board has denied the Veteran's claims for service connection for right knee osteoarthritis, ADHD, DVT, and early stasis dermatitis as secondary to his service-connected right ankle disability. The issues of rating higher than 10 percent for the service-connected right ankle disability, entitlement to TDIU, and SMC based on need for regular aid and attendance or being housebound are also remanded.

The Board denied the Veteran's claim for service connection for residuals of a right ankle strain, finding that there was no evidence linking his current diagnosis to an in-service injury or event.

The Board has determined that another remand is necessary to obtain additional VA treatment records and provide addendum medical opinions regarding the appellant's left ankle, right foot, and MS disabilities.

The Veteran's appeal for increased ratings for right hip strain and right ankle strain has been denied. The Board found that the evidence did not show limitation of abduction beyond 10 degrees, flexion limited to 45 degrees, extension limited to 5 degrees, or ankylosis, which are required for a higher rating under the applicable diagnostic codes.

The Board has decided to remand the Veteran's claims for service connection due to incomplete VA examinations and a lack of proper notification regarding missed appointments. The case is being returned to obtain updated medical opinions and records.

The RO increased the ratings for several conditions and granted service connection, but denied the request to apply the bilateral factor. The Veteran's combined rating is now 90 percent.

The Veteran's appeals include requests for a compensable rating, effective date determination, increased ratings, and TDIU for his service-connected right ankle conditions. The propriety of the reduction in rating for his right ankle sprain is also being remanded.

The appeal for service connection of a bilateral hip disorder is dismissed. The appeals for secondary service connection of left knee, left ankle, and right foot disorders are denied.

The Board has remanded several issues, including the rating for chronic headaches and service connection for various ankle and knee disabilities. The Veteran's claims are being returned to the AOJ for further examination and opinion.

The Board has decided to remand the Veteran's claims for service connection of his left ankle and bilateral knee disabilities due to outstanding medical records and the need for a VA examination.

The Board has restored a 20 percent rating for the Veteran's residuals of a right ankle fracture, effective February 7, 2014. The claim for an increased disability rating greater than 20 percent for residuals of a right ankle fracture is denied.