Ankle decisions — 2020

The Board has remanded the Veteran's claims of service connection for bilateral knee disorder and bilateral ankle gout due to insufficient rationale in a previous VA opinion. The case is sent back for further development, including obtaining an addendum opinion from an appropriate VA examiner.

The Veteran's claim for CRDP payments prior to September 1, 2014 was denied. The Board also found a pre-decisional duty to assist error and ordered the RO to send the Veteran a notification letter regarding an October 2017 audit indicating he was entitled to a retroactive compensation payment of $984.00 for the period from January 2017 to May 2017.

The Veteran's initial ratings for left ankle tendonitis with gouty arthritis, migraine headaches, coronary artery disease with valvular heart disease, hypertensive heart disease, and hypertension were all denied.,No new evidence or changes in service connection theory were presented.

The Board has decided to remand the case due to insufficient medical evidence regarding a claimed left knee injury during service. The Veteran's claim for service connection is being sent back for further development.

The Veteran's claims for increased ratings and initial evaluations were denied as the evidence did not show that his ankle fracture or lumbar spine disability warranted a higher rating.

The Veteran's claims for TDIU, increased ratings for various knee and back disabilities, service connection for shoulder, ankle, foot, and sleep apnea conditions, as well as reopening of his hypertension claim are all remanded. The Veteran is also granted TDIU.

The Veteran's claims for increased ratings for lumbar degenerative disc disease with anterolisthesis and right ankle degenerative joint disease are being remanded due to the need for additional development, including VA examinations.

The Board has remanded the Veteran's claims of entitlement to increased initial ratings for his lumbar spine, right ankle, left ankle, and right knee disabilities due to inadequate VA examinations. The claims are being returned for further development.

The Veteran's right ankle disability, which includes a fracture with internal fixation and degenerative joint disease, is rated at 20 percent under Diagnostic Code 5262 for impairment of the tibia and fibula. The Board has granted this rating based on moderate limitation of motion.

The Board has remanded the Veteran's claims for service connection for left and right ankle conditions due to incomplete development, including a missed VA examination. The Veteran will need to provide updated private treatment records and verification of his second period of active duty service.

The Veteran's claim for a higher rating for her right knee disability was denied. The Board found that the evidence did not show flexion limited to 60 degrees or extension limited to 5 degrees, which would warrant a separate noncompensable rating under Diagnostic Codes 5260 and 5261. The Veteran's current limitation of flexion is at worst to 90 degrees with pain, but this does not meet the criteria for a higher rating under Diagnostic Code 5260. Extension has been consistently full (zero degrees), so she cannot be rated under Diagnostic Code 5261 either.

The Veteran's left ankle disability is rated at 40 percent, and the Board has granted SMC for loss of use of the left foot effective August 1, 2012. The appeal is allowed to that extent.

The Board denied service connection for a lumbosacral spine disability and denied an earlier effective date for TDIU. The Veteran's lumbosacral spine disability is not related to active service or her service-connected right foot disability, and she was found employable prior to October 19, 2015.

The Veteran's service-connected right ankle disability has been rated at 20 percent since November 7, 2009. The Board found that the Veteran’s overall disability picture more closely approximates marked limitation of motion throughout the entire appeal period and granted a 20 percent rating for her right ankle disability. However, additional development is needed to consider whether an extraschedular evaluation is warranted.

The Board denied service connection for a right ankle disability, left knee and leg disability, and hypertension (claimed as high blood pressure) due to lack of evidence linking these conditions to service.,There is no direct evidence showing that the Veteran's current disabilities were incurred during his military service.

The Board has remanded the issues of entitlement to service connection for right and left leg disorders, as well as right and left knee and ankle disorders due to insufficient evidence in the record.

The Veteran's appeal is remanded for a new VA examination to assess the severity of his right ankle disability.

The Board denied service connection for right wrist disability and TDIU, but granted the petition to reopen a claim of entitlement to service connection for left ankle condition based on receipt of new and material evidence.,Service connection was not established for degenerative disc disease, lumbar spine.

The Board has determined that the Veteran's current left ankle Achilles tendonitis was not incurred during active service and is not aggravated by Reserve service. The evidence does not support a finding of service connection for this condition.

The Board has remanded the claims for service connection for a back disability, right ankle disability, and bilateral foot disability due to new evidence received more than one year after the last final rating decision. The Veteran's lay statements and STRs indicate worsening of these disabilities during his deployment in Iraq.