Ankle decisions — 2020

The Board has decided to remand several cases for further development, including obtaining medical records from Froedert Memorial Hospital and clarifying the Veteran's claims regarding sexual harassment allegations and PTSD. The effective dates of certain benefits are also being reconsidered.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of a left ureterocalicostomy was denied because the evidence did not show that his disability resulted from VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.,The Veteran's claim for service connection for a left ankle disability was denied as there is no causal relationship between his military service and his current condition. The Board found that the Veteran’s left ankle traumatic arthropathy is less likely than not related to his service-connected left foot disability or due to an event not reasonably foreseeable.,The Veteran's claim for TDIU was denied because he does not meet the schedular requirements for a total rating based on unemployability and there is no evidence that his service-connected disabilities preclude him from obtaining or maintaining substantially gainful employment.

The Veteran's urinary tract infection claim was dismissed as she withdrew her appeal.,Service connection for aggravation of preexisting bilateral pes planus condition is granted. The Board finds the evidence at least in equipoise that the Veteran’s preexisting pes planus was aggravated during service.

The Veteran's claim of compensation under 38 U.S.C. § 1151 for residuals of open reduction/internal fixation of right ankle fracture due to VA treatment is denied, and the initial disability rating for left moderate degenerative changes and hallux valgus (previously characterized as degenerative joint disease of the left great toe) is granted at a 10 percent level.

The Board has dismissed the appeals for entitlement to increased disability ratings for left and right ankle disabilities, as well as for left knee instability. The appeal for increased disability ratings for left and right knee disabilities is remanded.

The Veteran's service connection for bilateral ankle disabilities is denied. An initial 100 percent rating for PTSD is granted, effective from November 15, 2017.,The issue of entitlement to a Total Disability Rating Based on Individual Unemployability (TDIU) has been dismissed as moot due to the grant of a 100 percent schedular evaluation for service-connected PTSD.

The Veteran's appeal for a rating in excess of 10 percent for his right ankle condition has been denied.,The Veteran's appeal for total disability due to individual unemployability (TDIU) has also been denied.

The Board has remanded the Veteran's claims for service connection for neck, left knee, right knee, right ankle, and left hip disabilities due to issues with the qualifications of the medical examiner and insufficient evidence regarding the current status of these conditions.

The Veteran's appeal for an initial rating in excess of 20 percent for status post right ankle reduction internal fixation is being remanded due to the incorrect acceptance of his VA Form 10182 and the need for a supplemental statement of the case (SSOC).

The Veteran's left and right ankle disorders have been rated as 10 percent disabling prior to June 12, 2019, and a 20 percent rating has been granted for the right ankle disorder from that date. The bilateral pes planus was initially assigned noncompensable ratings until June 12, 2019, when it was increased to 10 percent.,The Veteran seeks higher ratings for his left and right ankle disorders, as well as an initial rating in excess of 10 percent for his bilateral pes planus. The case is being remanded due to the need for further development.

The Board denied service connection for right knee, left knee, right ankle, and left ankle disabilities due to a lack of evidence showing the conditions began during or were related to service.,Service connection was also denied for heart condition.

The Board has determined that additional development is necessary in order to properly adjudicate the Veteran's claims, including obtaining examinations and medical opinions as requested.

The Board has remanded the cases for additional development due to inadequate examination reports and consideration of new evidence.

The Veteran's right ankle arthritis is rated at 20 percent since the beginning of the appeal period. The left ankle arthritis is rated at 20 percent as of September 21, 2019. The low back disability remains rated at 40 percent.

The Veteran's service-connected disabilities preclude him from obtaining or maintaining gainful employment, and a TDIU is granted from September 28, 2010 to June 30, 2015.

The Veteran's initial ratings for right wrist, right knee, and right ankle disabilities have been granted at a 10 percent level since February 1, 2013. The appeal is denied as the Veteran does not meet criteria for higher ratings.

The Veteran's claims for service connection have been remanded due to the need for additional examinations and evidence.

The Veteran's lumbar spine disability is rated at 40 percent from February 3, 2016. Separate ratings of 20 percent are granted for radiculopathy of the right and left lower extremities involving the sciatic nerve and femoral nerve associated with the lumbar spine disability. The Veteran’s right ankle disability remains rated at 10 percent.

The Veteran's claim for a TDIU prior to December 13, 2012 is remanded due to inadequate development and compliance with previous Board directives.

The Board has remanded the case due to concerns about the adequacy of a previous VA examination, specifically regarding whether there was loss of range of motion during flare-ups or over time.