Ankle decisions — 2020

The Veteran's initial 20% rating for his left ankle disability is upheld, but the Board has remanded to clarify whether he has ankylosis of the ankle.

The Board denied the Veteran's claims for service connection of his bilateral hip and ankle conditions, including as secondary to his service-connected pes planus and/or bilateral foot osteoarthritis (OA). The Board found that there was no evidence linking these disabilities to active service or the service-connected conditions.

The Veteran's disability ratings for the period on appeal were sufficient to meet the criteria for special monthly compensation (SMC) based on statutory housebound status under 38 U.S.C. § 1114(s). The combined disabilities met the requirement of a single service-connected disability rated at 100 percent and additional service-connected disabilities collectively ratable at 60 percent.

The Board has ordered a remand due to the lack of compliance with previous remand instructions regarding an addendum opinion for service connection for right knee status post meniscus tear with degenerative arthritis, as secondary to the service-connected left ankle disability.

The Veteran's claim for TDIU is being remanded due to the need for additional development, including a vocational assessment and VA examinations of his service-connected disabilities. The case will be referred to the Director of Compensation Service for extraschedular consideration.

The Veteran's right ankle disability is rated at 10 percent prior to January 9, 2017 and at 20 percent thereafter. The Veteran's right shoulder disability is rated at 20 percent throughout the appeal period.,Service connection for varicocele has been granted.

The Veteran is entitled to a total disability evaluation based on individual unemployability (TDIU) prior to July 25, 2014 due to his service-connected disabilities that rendered him unable to obtain or maintain substantially gainful employment.

The Board has denied service connection for a left ankle disability and hypertension, but has remanded the issue of service connection for a left eye disability. The Veteran's hypertension is granted as secondary to PTSD. Service connection for the left ankle and left eye disabilities are not established.

The Board has remanded the Veteran's claims for increased ratings for left knee and left ankle disabilities due to insufficient medical examination records, including lack of information regarding functional loss during flare-ups or after repetitive use over time.

The Veteran's initial claim for a higher rating for his right ankle disability was denied. The Board found that the evidence did not support a rating in excess of 10 percent prior to August 31, 2017 and in excess of 20 percent since June 1, 2018.,The Veteran's claim for TDIU was remanded as there is evidence suggesting unemployability due to his service-connected right ankle disability.

The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for residuals of a left ankle fracture and service connection for sleep apnea due to incomplete evaluations.

The Board found that the Veteran's service-connected disabilities prior to November 2, 2018 did not render him unable to secure or follow a substantially gainful occupation.

The Veteran's left ankle disorder is currently rated at 10 percent, and the Board has ordered a remand to obtain additional information for proper evaluation.

The Veteran's left testicle epididymitis prior to March 16, 2015 does not warrant a compensable rating due to lack of evidence of long-term drug therapy or hospitalizations.,The Veteran's left ankle disability does not meet the criteria for a compensable rating as there is no limitation of motion.,The Veteran's hemorrhoids have manifested throughout the entirety of the period on appeal and warrants a 20 percent disability rating.

The Veteran's claims for a compensable rating for hemorrhoids, an initial rating in excess of 10 percent for right ankle disability, and an initial rating in excess of 30 percent for GERD have been granted. The claim for a separate compensable rating specifically for hiatal hernia has not been granted.

The Veteran's right ankle sprain was rated at 10% prior to January 19, 2020 and at 20% thereafter. The claim for an increased rating is denied as the evidence does not support a higher rating under Diagnostic Code 5271.

The Board has decided to remand the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues of right ankle, bilateral foot, and low back disabilities are being reviewed again.

The Board denied compensation under 38 U.S.C. § 1151 for a right ankle disability based on the June 1999 surgery, finding that VA did not cause the additional disability or death.

The Board has granted service connection for right shoulder, right ankle, and left calf muscle disabilities, finding that these conditions were incurred during active duty in Iraq.

The Board denied the Veteran's claims for service connection for a left thumb disorder, right ankle disorder, and right knee disorder. The Board found that there was no evidence of a current disability or a link to active service.,Specifically, the Board determined that the Veteran did not have a current diagnosis of a right ankle disorder or functional impairment of the right ankle at any time during the appeal period.