Ankle decisions — 2020

The Veteran's right ankle disability, which includes a chronic right ankle sprain with secondary myofascial pain and swelling, has been rated at 10 percent. The Board found that the evidence shows marked limitation of motion in the ankle joint, warranting an initial rating of 20 percent.

The Board has remanded the Veteran's claims for additional development, including obtaining a VA examination to determine if his current right ankle impairment is related to his in-service injury and whether his service-connected right foot disorder caused or aggravated this right ankle impairment.

The Veteran's appeals for service connection for various disabilities, including shoulder, right wrist, bilateral knee, shin splints, ankle, foot (pes planus), bronchitis, onychomycosis, and hearing loss have been dismissed. The Board has also remanded the issues of service connection for lumbar spine disability, headache disability, and PTSD.

The Board denied service connection for sleep apnea, migraines, and hypertension. The Veteran's left knee, left ankle, and left foot disabilities were remanded due to lack of evidence in the record. Service connection for tinnitus was also remanded as there is no clear and unmistakable evidence that it is related to service.,The Veteran's depression disorder claim had an effective date denied because he did not file a timely appeal.

The Board has granted a 20 percent rating for the Veteran's service-connected left ankle disability, finding that it more nearly approximates marked limitation of motion. The decision is based on the Veteran's reported functional impairment and use of pain medication.

The Veteran's claims for service connection have been reopened, but the issues of entitlement to service connection for bilateral hearing loss disability, tinnitus, hypertension, sinusitis, left ankle arthritis, and bilateral shoulder arthritis are being remanded due to the need for additional development.

The Board denied service connection for various disabilities, including tinnitus, right ankle disability, right elbow necrotic ulcer with scar, pelvic fracture, basilar skull fracture, right medial orbital wall fracture, right ear hearing loss disability, tracheostomy, right pulmonary contusion, grade VI liver laceration, status post-surgical repair, intraperitoneal bladder rupture, status-post surgical repair, splenetic laceration, status post multiple laparotomy repairs, scar secondary to a tracheostomy, scarring from stomach surgery, subarachnoid hemorrhage, and traumatic brain injury. The decision was based on the finding that these disabilities were not incurred or aggravated by service due to willful misconduct.,The Board also denied service connection for a right ankle disability, as it was determined that the Veteran's tinnitus did not have its onset in service and is not otherwise related to service.

The Veteran's hypertension is granted as service connected due to herbicide agent exposure in Vietnam.,The Veteran's heart condition (atrial flutter) is granted as secondary to his service-connected hypertension.

The Board has remanded the case for further action on issues related to SMC based on loss of use of the left foot, SMC based on need for aid and attendance, and TDIU prior to January 30, 2018.

The Board has granted service connection for a right ankle disorder, but remanded the issue of service connection for a right eye disorder due to insufficient evidence.

The Veteran's right ankle disability is rated at a 10 percent rating prior to December 13, 2019 and at a 20 percent rating from that date. The decision grants the higher rating of 20 percent for the period starting on December 13, 2019.

The Veteran withdrew her appeal for an evaluation in excess of 10 percent for a stress fracture of the right ankle, post-operative.

The Veteran's claims for service connection have been reopened and are granted.,The Board has determined that new evidence received since the August 2008 rating decision is sufficient to reopen the previously denied claims of right, left knee, and ankle disabilities.

The Board denied service connection for left knee, right knee, low back, and right ankle disabilities. The claim for obstructive sleep apnea was also denied.

The Veteran's gout of the bilateral feet and onychomycosis/tinea pedis of the feet have been granted a 20 percent disability rating, effective from the date of the decision.

The Board denied service connection for left ankle and right wrist disabilities, as well as a rating in excess of 10 percent for a left knee disability. The effective date for the compensable rating for the left knee disability was set at October 2, 2017.,There is insufficient evidence to establish that the Veteran's current left ankle or right wrist conditions are related to his period of service.

The Board has decided to remand the Veteran's claims for left knee, left ankle, and sleep disorder disabilities due to incomplete VA examinations. Further examination is needed to determine if these conditions are related to service.

The Board has remanded the case due to insufficient examination regarding the Veteran's ankle disabilities and their impact on locomotion.

The Veteran is entitled to a total disability evaluation based on individual unemployability (TDIU) effective November 14, 2008 due to multiple service-connected disabilities.

The Board has decided that the Veteran's claims for service connection for diabetes, right shoulder and ankle disabilities, and headaches should be remanded due to incomplete development of records.