Ankle decisions — 2020

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that his service-connected conditions did not render him unable to secure and follow substantially gainful employment.

The Veteran's appeal regarding the effective date and initial rating for service-connected pes planus was dismissed because it did not follow the proper procedure under the Appeals Modernization Act (AMA).

The Veteran's left pubic ramus fracture and right ankle disability are granted with a 10 percent rating. The Veteran's low back pain is remanded for further evaluation.

The Board has decided to remand the Veteran's claims for service connection for bilateral foot and ankle disabilities due to insufficient information on which to make a decision. The Veteran is not provided with an examination or medical opinion, as there are no current diagnoses of these conditions.

The Board has granted a 20 percent rating for the service-connected left ankle sprain effective July 26, 2019. The Veteran's left ankle disability was previously rated as 10 percent prior to this date.

The Board dismissed the appeals as to ratings and effective dates for various conditions, due to the Veteran's death.

The Board has remanded the Veteran's claims for service connection due to missing records and need for further examination. The Veteran is not seeking service connection based on a presumption of exposure, but rather on direct evidence.

The Veteran's maculopathy of the left eye, lower back disability, and bilateral ankle disability are all granted as service-connected. The Board found that there was sufficient evidence to support these claims based on in-service injuries or conditions.

The Veteran's right ear hearing loss was granted service connection. The issues of left ear hearing loss, bilateral hip disorder, bilateral leg disorder, left ankle disorder and bilateral foot disorder are remanded for further examination.

The Board has decided to remand the case due to an internal inconsistency in a previous VA opinion regarding the Veteran's left ankle condition.

The Veteran's claim for a separate compensable rating for a bilateral ankle orthopedic disability is denied as he does not have an independent ankle disability, and his tarsal tunnel syndrome and peripheral neuropathy are already service-connected.

The Veteran's TDIU claim was denied as his left ankle disability alone does not prevent him from securing and following a substantially gainful occupation.

The Veteran's left ankle sprain was granted a 10% rating from February 24, 2010 to February 23, 2017.

The Veteran's bilateral pes planus was granted service connection due to the presumption of aggravation. The right shoulder, cervical spine, left ankle, and right ankle disabilities were denied as not related to military service.

The Board has remanded the cases for additional development due to insufficient efforts by the AOJ in obtaining the Veteran's service records. Service connection is granted for tinnitus, but the issues related to psoriasis and rheumatoid arthritis remain pending as they were not discussed or addressed in the July 2013 VA examination.

The Veteran's claim for an evaluation in excess of 20 percent for residuals of a right acromioclavicular joint separation was denied.,The reduction from 20 to 10 percent rating for residuals of a left ankle osteochondral fracture was found improper, and the 20 percent rating is restored as of April 1, 2015. The Veteran's claim for an evaluation in excess of 10 percent for residuals of a left ankle osteochondral fracture remains denied.,The Veteran's service connection claim for left knee osteoarthritis was denied.

The Board has remanded the Veteran's claims for increased rating and TDIU due to inadequate examination findings, incomplete medical records, and procedural issues.

The Board denied the Veteran's claim for service connection for a left ankle disability, finding that there was no clear and unmistakable evidence of pre-existing condition, and that the current disorder did not manifest within one year of separation from service. The Board also found insufficient medical evidence to link the current left ankle degenerative arthritis to service.

The Board has granted service connection for left elbow epicondylitis, cervical degenerative joint disease, lumbar degenerative disc disease, right ankle degenerative arthritis, and right knee chondromalacia as secondary to the Veteran's service-connected fibromyalgia.,Giving the Veteran the benefit of the doubt, the Board found that his service-connected fibromyalgia aggravated each of these conditions.

A disability rating of 20 percent for a back disability is granted, effective December 9, 2019.,Initial compensable ratings are denied for right and left lower extremity radiculopathies prior to May 15, 2018. Ratings in excess of 10 percent are granted thereafter.,A 10 percent rating is granted for each ankle disability prior to October 21, 2013. Ratings in excess of 10 percent are denied after that date.,Initial compensable ratings are denied for right and left shoulder disabilities.