Ankle decisions — 2020

The Veteran's service connection claims for diarrhea and constipation, right ankle condition, left ankle condition, and TMJ have been granted. The right ankle and left ankle conditions are denied as there is no evidence of current disability related to service. Service connection for TMJ has also been denied due to lack of a diagnosed condition.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's diabetes mellitus. The Veteran is requested to be scheduled for a VA examination to determine if his diabetes mellitus had its onset in service or is otherwise related to service.

The Board denied the Veteran's claim for service connection for a right ankle disability, finding that she did not have a current disability of the right ankle and her complaints of pain were not sufficient to establish a disability.

The Veteran's asthma with bronchitis and reactive airway disease, left elbow disability, left ankle fracture residuals, hypertension, and left ear hearing loss were all rated at the maximum allowable under VA regulations.,The Veteran was denied increased ratings for his asthma, left elbow, left ankle, and hypertension conditions.

The Board has granted service connection for a deviated nasal septum and denied service connection for left knee, left ankle, neck, low back disabilities, and malaria.

The Board has remanded the issues of service connection for low back and right ankle disabilities due to potential inextricability with other pending claims.

The Veteran's adjustment disorder with depressed and anxious mood is granted a 50 percent rating from January 15, 2014 to October 1, 2015. A 20 percent rating for the right ankle disability is granted. For the left shoulder disability, a 20 percent rating prior to March 1, 2018 and no higher than 20 percent from March 1, 2018 onwards is granted. The lumbar spine disability receives a 20 percent rating prior to November 25, 2019 and no higher than 20 percent from that date onwards. A 10 percent rating for the cervical spine disability is denied.

The Veteran's right ankle disability is rated at 20 percent since September 21, 2009. The rating was granted as the range of motion for the right ankle was marked and limited to 5 degrees dorsiflexion due to functional loss following repeated use and during flare-ups.

The Veteran's appeal for a higher rating for his left ankle disability and TDIU due to service-connected disabilities is being remanded as additional VA treatment records were added to the claims file prior to certification of the case to the Board.

The Board granted a higher 30 percent rating for the Veteran's right shoulder strain with osteoarthrosis and a higher 20 percent rating for his right ankle arthrosis with instability, both retroactively effective from February 11, 2016. The Veteran requested an earlier effective date but was denied.

The Board has decided to remand the case due to insufficient medical opinions regarding the etiology of the Veteran's obstructive sleep apnea. The Veteran asserts that his sleep disorder is secondary to service-connected major depressive disorder and/or bilateral ankle and back disabilities.

The Veteran's left foot disability is rated at 30 percent, but no more.,Prior to January 22, 2014, the right ankle disability was rated at 10 percent.,From January 22, 2014 to March 4, 2014, the rating for the right ankle increased to 40 percent.,Since June 1, 2014, the Veteran's right ankle disability has been rated at 20 percent.,The scars of the bilateral lower extremities have been rated as 20 percent since October 5, 2017.,Effective from June 12, 2015, the Veteran is granted a TDIU based on his service-connected disabilities.

The Veteran's appeals for increased evaluations of painful scar and surgical scar, left ankle have been dismissed due to the death of the appellant.

The Veteran's appeal for a higher rating for Reiter’s syndrome, left hip, bilateral knee, and bilateral ankles with hyperuricemia was denied. The disability is rated at 60 percent since December 19, 2010.

The Board denied the Veteran's claims for increased ratings for his lower back and right ankle disabilities, as well as his claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU), finding that he failed to report for scheduled VA examinations without good cause.

The Veteran's left ankle disability has been manifested by pain and, at worst, moderate limitation of motion. The Board finds that the criteria for a higher rating have not been met.

The Veteran's left ankle disability is rated at 10 percent, the maximum rating available under Diagnostic Code 5271 for moderate limited motion of the ankle. The Board finds that the evidence does not support a higher rating.

The Board has decided to remand the Veteran's claims for bilateral hearing loss, left ankle condition, lower back condition, and bilateral lower extremity radiculopathy due to incomplete development of his service connection claims. The AOJ is instructed to obtain missing service treatment records, conduct additional examinations, and provide adequate opinions regarding the etiology of these conditions.

The Veteran's initial compensable rating for residuals of right ankle fracture was denied from February 16, 2011 to November 30, 2015. From November 30, 2015 to November 27, 2017, a disability rating of 10 percent but not higher for residuals of right ankle fracture was granted.

The Board has remanded the Veteran's claims of entitlement to service connection for bilateral foot and ankle disabilities, both secondary to his service-connected knee disability. The case is being returned to the AOJ for further development.