Ankle decisions — 2020

The Board has remanded the claims for bilateral flat feet, ankle osteoarthritis, knee osteoarthritis, and lumbar spine disability due to non-compliance with prior remand instructions.

The Board has remanded the case for further development and consideration of service connection for right hip disability, left shoulder disability, right shoulder disability, and left ankle disability.,Service connection is not granted for any of the claimed conditions as the evidence does not support a nexus to service or a service-connected condition.

The Veteran's appeal has been withdrawn for the issue of entitlement to an initial rating in excess of 10 percent for tinnitus.,The claim of service connection for bilateral hearing loss was reopened due to new and material evidence, but a higher rating is still denied.,An effective date earlier than July 8, 2014 for the grant of service connection for degenerative disc disease of the lumbar spine is denied.,A TDIU is granted from June 3, 2019 onwards, but not prior to that date.,The Veteran's claim for an increased rating for his cervical spine disability remains in appellate status.

The Board has denied the Veteran's claims for service connection for low back and right ankle disabilities, as well as his request for increased ratings for left knee instability and painful flexion.,Service connection was not granted due to lack of evidence linking these conditions to service or a service-connected disability.

The Veteran's VR&E services request for pursuit of a Juris Doctor (J.D.) is remanded due to the need for further evaluation considering his specific interests and abilities.

The Veteran's service-connected disabilities prior to January 31, 2013 did not preclude him from obtaining or maintaining gainful employment.

The Board found that the Veteran's claims of service connection for a right ankle condition, left ankle condition, and right hand condition were not supported by evidence showing current disabilities or a link to service. The preponderance of the evidence is against these claims.

The Veteran's right and left ankle disabilities were granted service connection with initial noncompensable ratings effective October 15, 2013. The RO remanded the case for further development.,For the period prior to June 4, 2019, the Veteran was granted compensable ratings of 10% each for his right and left ankle disabilities. For the period beginning June 4, 2019, he was granted initial disability ratings of 20% each.,The RO remanded the case to consider whether the Veteran is entitled to higher ratings based on marked limitation of motion in both ankles.

The Veteran's headache disorder, psychiatric disorder (including depressive disorder due to another medical condition and unspecified anxiety), obstructive sleep apnea, left ankle disorder, right ankle disorder, and skin disorder are all granted. However, the Veteran's service connection claims for a psychiatric disorder other than PTSD, a right ankle disorder, and a skin disorder remain denied.

The Board has denied the Veteran's claims for service connection for right and left knee conditions, as well as bilateral ankle and left shoulder conditions. The cases are being remanded to provide further examinations and opinions.

The Board denied service connection for right foot and ankle disabilities, including as secondary to the service-connected right knee chondromalacia patella and instability, finding that there was no causal or etiologically related link between these conditions and the service-connected disability.

The Board has granted service connection for the Veteran's left shoulder disability as secondary to his service-connected left ankle disability. The appeal regarding a rating in excess of 10 percent prior to April 20, 2014 and in excess of 20 percent thereafter for a left ankle disability is remanded.

The Board has remanded the claims of service connection for cervical spine disability, right shoulder disability, right ankle disability, right foot disability, and left foot disability due to lack of compliance with previous remand instructions.

The Board denied a separate evaluation for a muscle injury residual of a left ankle fracture, finding that the Veteran's symptoms are already compensated by his current 30 percent rating under Diagnostic Code 5262.

The Veteran's right ankle disability was rated at 10% prior to August 10, 2017 and granted a 20% rating from that date. The Board also found the Veteran is not entitled to TDIU prior to August 15, 2017.

The Board has determined that the Veteran's left ankle arthritis clearly and unmistakably existed prior to service, but was not aggravated by service. As a result, the claim for service connection is granted.

The Board denied service connection for gout and residuals of a right ankle fracture, finding that the evidence did not support a nexus between these conditions and active duty service.

The Veteran's right ankle disorder is granted service connection. Service connection for PTSD and bilateral hearing loss are denied, but GERD remains at a non-compensable rating.

The Veteran's claims for increased ratings for right ankle conditions are being remanded due to the submission of additional VA records. The AOJ will need to readjudicate these claims and issue a Supplemental Statement of the Case if necessary.

The Board has denied the Veteran's claims for service connection for left and right ankle conditions due to a lack of evidence linking these conditions to his military service.