Ankle decisions — 2020

The Veteran's claims of service connection for various conditions, including asthma, bilateral hearing loss, ankle and elbow disabilities, knee disabilities, hypothyroidism, and a skin condition are being remanded due to the need for additional medical examinations and opinions.

The Board has remanded the Veteran's claims of service connection for a left ankle disability and obstructive sleep apnea (OSA) due to inadequate rationale in the December 2012 VA examination report. The Veteran is required to provide an adequate opinion regarding the etiology of his disabilities, including consideration of his reported symptoms during service.

The Veteran's claim for service connection for sleep apnea was denied as there is no evidence of its onset during or related to his military service.,The Veteran's right ankle sprain was rated at 10 percent, which is the maximum rating available under current criteria. The Board found that a higher rating is not warranted based on the clinical findings and functional limitations reported by the Veteran.,For dermatitis/eczema prior to May 10, 2018, the Veteran's claim was denied as there was no evidence of its onset during service or related to his military service. The Board found that a compensable rating is not warranted based on the clinical findings and treatment records provided.,For dermatitis/eczema from May 10, 2018 onwards, the Veteran's claim for an increased disability rating was remanded as there were no new or material evidence to reopen his case. The Board found that a 10 percent disability rating is warranted based on the clinical findings and treatment records provided.

The Board has dismissed the appeals for service connection for various disabilities as they are not currently in a position to make decisions due to the Veteran's death.

The Board dismissed the claim for a rating in excess of 10 percent for a right ankle disability because the Veteran did not file a timely substantive appeal after receiving the Statement of the Case (SOC).

The Board has granted service connection for DJD of the left hip, right hip, left knee, and right knee. Service connection was denied for DJD of the ankles and feet.

The Board has granted service connection for right ankle osteoarthritis, finding that the Veteran's current diagnosis and continuity of symptomatology since separation from service meet the criteria for direct service connection.

The Board has granted service connection for left shoulder rotator cuff tendonitis, low back disability, right knee disability, and right ankle disability. The decision is based on the Veteran's in-service physical work and his current symptoms.

The Board has remanded the Veteran's claims for service connection due to incomplete VA treatment records and issues with the reasoning provided in previous decisions. The case will be returned for additional development.

The Board has dismissed the Veteran's claims for increased ratings and service connection, as the full benefits sought have been granted. The Veteran's TDIU claim is granted.

The Board has decided that the Veteran's left ankle condition warrants a 10% disability rating, but not higher. The low back disability issue is remanded for further examination and opinion.

The Board has remanded the claims for low back disorder, right hip disorder, and left ankle disorder due to insufficient medical opinions. The VA must obtain new opinions from experts on these issues.

The Board has granted the Veteran's applications to reopen his claims for service connection for dermatomycosis tinea, gastroenteritis, TBI, bilateral pes planus, a left ankle condition, and a left knee disability. The application to reopen the claim of service connection for headaches is also granted.

The Veteran's left ankle disability is rated at 10 percent, the minimum rating available under Diagnostic Code 5271 for moderate limitation of motion. The Board found that the evidence did not show marked limitation of motion or ankylosis.

The Veteran's left ankle condition is rated at a 20 percent disability rating, but no higher. The Veteran's back condition prior to April 26, 2018 and thereafter is rated at a 20 percent disability rating. Service connection for migraine headaches secondary to service-connected back condition is remanded.

The Veteran's right ankle disability is rated at 30 percent since November 30, 2007.,The Veteran's left ankle disability is rated at 20 percent since November 30, 2007, and at 30 percent as of March 24, 2020.

The Board has granted a temporary total disability rating for service-connected right ankle tendinitis and Achilles tendon tear, with severe postoperative residuals from June 19, 2017 to October 16, 2017.

The Board denied service connection for bilateral hearing loss, low back disability, and bilateral knee disabilities. The Veteran's left ankle disability was not addressed as it is a separate issue.,The Board found no current disability of the back, knees, or left ankle that could be linked to active duty service.

The Board has determined that the Veteran's left ankle disability existed prior to service and was incurred during service, granting service connection for this condition.

The Veteran's attorney is not entitled to payment of fees based on past-due benefits awarded in the February 2017 rating decision for an increased left ankle instability rating because the fee agreement was not filed within 30 days of execution.