Ankle decisions — 2020

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions provided by VA examiners. The claims will be returned for further development and consideration.

The Board has remanded the case due to insufficient rationale in the VA examiner's opinion regarding the Veteran's service connection claim for bilateral ankle condition. The issues of service connection and TDIU are now before the Board again.

The Veteran's claim for a higher disability rating for his right ankle disability is denied as he is already at the maximum schedular rating. His claims for service connection and TDIU are remanded due to new evidence.

The Board has remanded the Veteran's claims for left knee and left ankle disabilities, as well as his claim for diabetes mellitus due to herbicide exposure. The claims are being remanded for further development including obtaining medical records, determining if the Veteran was exposed to herbicides during service, and scheduling an examination.

The Veteran's service-connected disabilities, including his right shoulder and left ankle conditions, are found to be sufficient for a TDIU on an extraschedular basis.

The Veteran's left ankle disability is currently rated at 10 percent, and the Board has ordered a remand to schedule a VA examination to determine its current severity.

The Board has granted service connection for bilateral ankle, knee, hip, and back disabilities manifested by pain. The evidence is at least evenly balanced that these conditions are related to the Veteran's active duty service.

A 20 percent rating for left ankle arthralgia, sprain prior to October 28, 2015 is granted.,A 20 percent rating for left ankle arthralgia, sprain from October 28, 2015 to October 19, 2020 is granted.

The Board denied the Veteran's claim for an effective date earlier than April 23, 2014 for a 10% rating for his right ankle disability, finding that it is not factually ascertainable prior to this date that the Veteran's symptoms worsened.

The Board has remanded the claims for erectile dysfunction, gastrointestinal disorder, sleep apnea, hypertension, right ankle disorder, cold injury residuals in the lower extremities, low back disability, and heart disability due to incomplete service records.,The Veteran's claims of entitlement to service connection for a gastrointestinal disorder and sleep apnea are being remanded as they may be related to his service-connected acquired psychiatric disorder. The Board also directed that an opinion should be obtained on whether the Veteran’s hypertension is secondary to his service-connected acquired psychiatric disorder.,The Veteran's claim of entitlement to service connection for cold injury residuals in the lower extremities and right ankle disorder are being remanded as they may be related to his service-connected low back disability. The Board also directed that an opinion should be obtained on whether the Veteran’s heart disability is secondary to his hypertension.,The Veteran's claims of entitlement to a higher rating for right shoulder bursitis and degenerative joint disease prior to December 27, 2019, and in excess of 20 percent thereafter are being remanded due to incomplete service records. The Board directed that an examination should be obtained to estimate the functional loss during flare-ups.,The Veteran's claims for heart disability and hypertension are also being remanded as they may be related to his service-connected acquired psychiatric disorder.

The Board has remanded the claims of service connection for left shoulder strain, left ankle sprain, right ankle sprain, cervical spine disability, and lumbar spine disability due to a lack of an addendum opinion addressing whether the Veteran's current claimed conditions are related to her military service.

The Board granted a disability rating of 20 percent for the service-connected right ankle sprain with instability, finding that it has manifested marked limited motion. The Veteran is not entitled to any higher rating as there is no evidence of ankylosis.

The Board denied the Veteran's claim for service connection for a left ankle disability, finding that there was no evidence of an in-service injury or disease and that any current left ankle disorder is unrelated to service.

The Board has remanded the claims for service connection due to incomplete records and the need for further development, including obtaining additional private medical records from VCU/MCV.

The Board denied the Veteran's claims for service connection for a low back disability and a right leg condition, finding no evidence of chronic in-service injury or disease that could be linked to his current disabilities. The claim for service connection for a right ankle condition was remanded due to insufficient information.,Service connection was not granted for any of the Veteran's conditions as there was no credible evidence linking them to his military service.

The Board has remanded the claims of service connection for left and right ankle disabilities due to inadequate examination findings. The Veteran's service treatment records do not show any diagnosed ankle conditions, but he reports experiencing pain and instability in both ankles during service and since then.

The Veteran's left ankle condition, diagnosed as a deltoid ligament tear, is now rated at 20 percent since December 21, 2018. The evidence shows marked limitation of motion with dorsiflexion limited to 5 degrees and plantar flexion limited to 20 degrees.

The Board has determined that the Veteran's claims of service connection for bilateral ankle disability, left knee strain, and right knee arthritis need to be remanded due to the failure to obtain a medical opinion regarding their etiology. The AOJ is instructed to forward the case file to a qualified clinician who will provide an addendum opinion on the nature and etiology of these disabilities.

The Board has determined that the overpayment of $6,990 was validly created due to a change in dependent status and the Veteran's failure to apply for spousal benefits. The appeal is denied.

The Veteran's left ankle disability was rated at 20 percent prior to February 24, 2009. The Board found that the evidence did not show ankylosis of the ankle, which would warrant a higher rating.