Ankle decisions — 2020

The Veteran's left ankle disability has been rated at 10 percent since October 6, 2011. The Board found that the evidence did not show marked limitation of motion or ankylosis to warrant a higher rating.

The Veteran's service-connected disabilities, including major depressive disorder, left ankle condition, tinnitus, and hypertension, are sufficiently severe to inhibit his ability to obtain gainful employment. The Board has granted a total disability rating based on individual unemployability (TDIU).

The Veteran's left ankle arthritis and PTSD have been granted service connection. The initial disability rating for PTSD has been increased to 70 percent, effective from March 21, 2014. Bilateral hearing loss, headaches, acid reflux, residual scar, right knee disability, left knee disability, degenerative disc disease of the lumbar spine, sciatica (left lower extremity), and sciatica (right lower extremity) have been dismissed.

The Veteran's tinnitus had its onset during service, and the claim for service connection is granted.,New evidence has been received that relates to unestablished facts necessary to substantiate the claims for entitlement to service connection for a psychiatric disorder (including depression and PTSD), and disorders of the right hand and bilateral fingers. Therefore, these claims are reopened.,No new and material evidence was received to reopen the claims for entitlement to service connection for a bilateral ankle disorder, bilateral knee disorder, left hand disorder, carpal tunnel syndrome, or disorders of the right hand and bilateral fingers. These claims remain denied on the merits.,The Veteran's current bilateral elbow disorder is not related to his service, as there was no evidence of such during service. The claim for reopening is denied.,No new and material evidence was received to reopen the claim for entitlement to service connection for a left hand disorder. This claim remains denied on the merits.,New and material evidence has been received that relates to unestablished facts necessary to substantiate the claims for entitlement to service connection for carpal tunnel syndrome, but these claims remain denied on the merits.,No new and material evidence was received to reopen the claims for entitlement to service connection for disorders of the right hand and bilateral fingers. These claims remain denied on the merits.,The Veteran's acquired psychiatric disorder (including depression and PTSD) is related to his service, as there is nexus evidence linking it to service. The claim for reopening is granted.

The Veteran's left ankle disorder is rated at 10 percent, and the Board finds that it does not warrant a higher rating. The claim for bilateral hearing loss must be remanded to obtain an adequate VA examination. The TDIU claim prior to July 6, 2015, remains within the Board’s jurisdiction but requires further review.

The Board has determined that additional development is needed for the Veteran's claims of service connection for a right ankle disorder and evaluation in excess of 20 percent for a thoracolumbar strain. The case is being remanded to allow for further examination and development.

The Board has found that the Veteran does not have a current right ankle disability related to his active service. The cardiac, hearing loss, and tinnitus claims are remanded for further development.

The Board denied the Veteran's claims for service connection of left elbow and right ankle disabilities, as there is no evidence of a current disability or functional impairment.,For the temporary total rating claim, the Board found that the Veteran did not meet the criteria under 38 C.F.R. § 4.29 or § 4.30 for a temporary total evaluation.

The Board has remanded the claims for service connection for right ankle, right knee, left knee, and low back disabilities due to inadequate etiology opinions in a previous VA examination.

The Board has remanded the Veteran's claims for a right wrist disability, right ankle disability, and low back disability due to inadequate reasons or bases in the previous decision. The issues are being returned for further action.

The Board has determined that the Veteran's right ankle disability had its onset during her active service and is related to it, granting her claim for service connection.

The Board has remanded the claims for increased ratings for lumbar degenerative disc disease with strain, left knee arthritis, and left ankle arthritis due to inadequate examinations that did not address flare-ups of the disabilities.

The Board has remanded the claims of service connection for left ankle, right ankle, and left elbow disorders, as well as bilateral hearing loss and a head disorder. The appeals are not about service connection but rather need further examination or evidence.

The Veteran's claims for service connection are remanded due to insufficient medical evidence and need for further examination.

The Board has remanded the case for further development and review due to incomplete compliance with previous instructions, including obtaining private treatment records and scheduling VA examinations.

The Veteran's appeal is remanded due to insufficient development of evidence for the right ankle and bilateral great toe disabilities. The Board requests additional examinations and opinions to address functional limitations, flare-ups, and medication use.

The Board has denied service connection for bilateral Achilles tendon disorder, bilateral foot disorders, and bilateral ankle disorders. The claim for depression was withdrawn by the Veteran.

The Veteran's right ankle nonunion with deformity is not considered to be due to VA carelessness, negligence, lack of proper skill or error in judgment. Therefore, the claim for compensation under 38 U.S.C. § 1151 has been denied.

The Board has remanded several claims for increased ratings and TDIU, including those related to the Veteran's low back disability, right knee disability, right ankle disability, and left lower extremity radiculopathy. The claims are being remanded due to inadequate examination reports and the need for new VA examinations.

The Board has remanded the cases for additional development due to insufficient medical opinions regarding the Veteran's claimed bilateral ankle and hand disorders.