Ankle decisions — 2020

The Veteran's TDIU claim is remanded due to the presence of a service-connected right ankle disability and migraine headaches, which together do not meet the schedular criteria for TDIU. The Board finds that referral to the Director of Compensation Service is warranted as there are other factors (such as the severity of his disabilities) that may affect his employability.

The Veteran's adjustment disorder with mixed anxiety and depressed mood, degenerative disc disease of the lumbar spine with IVDS, left lower extremity radiculopathy, right lower extremity radiculopathy, and left ankle lateral collateral ligament sprain with osteoarthritis have been rated. The 10% rating for degenerative disc disease of the lumbar spine with IVDS has been restored from January 13, 2020.

The Board has remanded the Veteran's claims for service connection for residuals of a right hand injury and residuals of a right ankle injury due to incomplete VA treatment records from Beckley VAMC. The case will be returned to the RO with instructions to obtain these records.

The Veteran's service-connected Hashimoto's thyroiditis is granted a 60 percent rating, effective September 7, 2011. She also receives TDIU benefits.

The Veteran's hypertension and headaches have been granted service connection. The right foot and ankle disability remains under review.

The Board has remanded the Veteran's claims of service connection for right elbow, right wrist, and left ankle disorders due to insufficient opinions from the March 2020 VA examiner. The issues are now pending for further development.

The Veteran's left ankle disability has not been manifested by malunion of the tibia and fibula with marked ankle disability, so a rating in excess of 10 percent is denied.

The Board has denied the Veteran's claims for service connection for right ankle disability, left ankle disability, and overactive bladder condition due to lack of current diagnosis or causal relationship with service.

The Veteran's claim for service connection for a left knee disability was granted. The right ankle and right knee disabilities, as well as the acquired psychiatric disorder, are all remanded for further development.

The Board has found that additional development is needed for the issues of service connection for a right knee disability, evaluation in excess of 30 percent disabling for left shoulder strain, evaluation in excess of 20 percent disabling for left ankle strain, and evaluation in excess of 10 percent disabling for dermatitis. The case is REMANDED to obtain new examinations that comply with Correia v. McDonald (28 Vet. App. 158) and provide opinions on the etiology of the right knee disability and the severity of the left shoulder, left ankle, and dermatitis disabilities.

The Board has remanded the Veteran's claims for increased ratings for a right ankle disability and his claim for TDIU due to outstanding medical records not being associated with the claims file. The AOJ is required to obtain these records, as well as any other pertinent VA and private treatment records. Additionally, a new VA examination must be conducted to assess the severity of the Veteran's right ankle disability, including range of motion testing in both active and passive motion, weight-bearing, and non-weight-bearing situations. The AOJ should also consider if the Veteran is entitled to separate ratings for right ankle instability, leg shortening, and/or post-operative scars.

The Board denied service connection for a lower left extremity disability, including as secondary to the Veteran's service-connected right ankle disability. The decision also denied service connection for peripheral vascular disease and radiculopathy related to lumbar DDD.

The Veteran's left ankle and headaches have been granted increased ratings. The right leg condition issue is remanded for further examination and development.

The Veteran seeks TDIU and an earlier effective date for DEA benefits prior to March 22, 2012. The Board finds these issues are inextricably intertwined with the TDIU claim and remands both matters.

The Board denied the Veteran's claims for service connection for left knee, left ankle, and left hamstring disabilities due to a lack of current diagnoses in the medical records.

The Board has remanded the Veteran's claims for left knee and left ankle disabilities due to inadequate examination reports, including a lack of consideration of recent treatment records. The Veteran will need to provide updated private and VA treatment records, and he will be scheduled for a VA examination.

The Veteran's claims for increased ratings for his back, left ankle, and right knee conditions have been denied. The Board found that the evidence did not support a higher rating than what was currently assigned.

The Veteran's claim for a higher rating for degenerative disc disease of the spine was denied, and his claim for a 30 percent rating for right ankle degenerative arthritis was granted.

The Veteran's claims for fatigue, bilateral ankle disability, bilateral hip disability, and bilateral knee disability were denied as they are not considered service-connected due to lack of evidence showing a direct link between the conditions and active duty.

The Board has determined that the Veteran is not entitled to service connection for bilateral ankle disorder and bilateral foot disorder as there is no evidence of a chronic condition during or within one year after service, and any current conditions are not related to military service.