Ankle decisions — 2020

The Veteran's shin splints on the left leg are rated at 10 percent, and his left ankle strain is also rated at 10 percent. Both conditions do not meet criteria for a higher rating.,The Veteran has been denied increased ratings for both shin splints and left ankle strain.

The Board has remanded the Veteran's claims for service connection for right ankle and left knee disorders due to inadequate development. The AOJ is required to arrange for an addendum opinion from a VA examiner regarding whether the Veteran has current diagnoses of these conditions, their relationship to her service-connected right calcaneal stress fracture, and any aggravation by that condition.

The Board has determined that the Veteran's current right and left knee conditions are related to service, granting service connection for these conditions.,Service connection was denied for bilateral pes planus, bilateral heel spurs, and bilateral foot degenerative arthritis as there is no evidence of such conditions during or within one year after service.

The Board has dismissed all service connection claims and related rating and effective date determinations for the Veteran's ankle and knee disabilities, as well as a claim for an initial rating in excess of 20 percent for duodenal ulcer. The appeal is dismissed due to the Veteran's death.

The Board has remanded the Veteran's claims for left knee and left ankle disabilities due to inadequate VA examinations, and further adjudication is needed.

The Veteran's appeal for compensation under 38 U.S.C. § 1151 for a staph infection of the bone of the left ankle due to VA surgical treatment is dismissed as moot because service connection was granted for the same condition secondary to service-connected residuals of left ankle fracture.

The Board has determined that the evidence is in equipoise as to whether the Veteran's right ankle disability was aggravated during periods of inactive duty for training (INACDUTRA). As a result, service connection for this condition is granted.

The Veteran's right ankle disability, characterized by right ankle laxity and instability, has been granted a 30 percent rating since the onset of his appeal. The condition does not meet criteria for higher ratings due to lack of nonunion fracture or ankylosis.

The Veteran's PTSD, upper airway respiratory syndrome, right shoulder strain, right lateral epicondylitis, and right ankle sprain have been granted initial ratings of 70 percent each from October 1, 2012.

The Veteran's service-connected disabilities, including his adjustment disorder with depression and various physical conditions, prevent him from securing and maintaining gainful employment. The Board has granted a total disability rating based on individual unemployability (TDIU).

The Board has remanded the case for further development due to inadequate nexus opinions and missing treatment records. The Veteran's claim will be reconsidered with new evidence.

The Board has remanded the claims for service connection for left and right ankle disorders, as well as the TDIU claim due to service-connected disabilities. The VA is instructed to obtain an addendum opinion from the examiner who performed the August 2020 VA examination, addressing the Veteran's antalgic gait and lay statements regarding his symptoms.

The Board denied service connection for right knee and right ankle disabilities, finding no evidence of a nexus between the current conditions and service. The Veteran's lay statements were deemed unreliable.

The Veteran's claim for an initial compensable rating prior to September 15, 2008 for residuals of a left ankle fracture was denied. The highest disability rating available under the applicable VA Rating Schedule is 10 percent.

The claim to reopen service connection for PTSD is granted, and the claim for service connection for PTSD itself is also granted. The claims for service connection of other conditions are remanded.

The Veteran's service-connected disabilities, including PTSD, diabetes mellitus, and various knee and foot conditions, effectively preclude him from all forms of substantially gainful employment. The Board finds that the criteria for a TDIU have been met due to the combined effect of his service-connected disabilities.

The Board has granted separate extraschedular ratings of 10 percent for right and left ankle instability, but the issue of entitlement to a TDIU remains pending and needs further development.

The Veteran's left ankle disability was initially rated at 10% prior to December 19, 2019. After remanding for additional development, the Board found that his symptoms more nearly approximated marked limitation of motion from December 19, 2019 and granted a 20% rating effective that date.,The Veteran's bilateral hearing loss was evaluated as not compensable prior to this decision.

The Veteran's claims for increased ratings and restoration of a disability rating, as well as his claim for TDIU have been referred back to the AOJ due to incomplete development. The AOJ is required to consider all newly acquired evidence since the February 2016 SOC including VA treatment records added in March 2019, and readjudicate the claims.

The Veteran's right ankle disability is rated at a 20 percent rating prior to May 25, 2018. The Board has remanded the issues of ratings for his lower extremity radiculopathies and loss of use of both lower extremities.,The Veteran’s TDIU, special monthly compensation based on need for regular aid and attendance or at the housebound rate, and effective date prior to February 20, 2008, for Dependents’ Educational Assistance benefits are also remanded.