Ankle decisions — 2020

The Board has granted a 20 percent rating for the Veteran's right ankle arthritis and residuals of sprain, effective November 16, 2017. The case is remanded for consideration of TDIU due to service-connected right ankle disability.

The Board has granted the Veteran's claim for service connection for residuals of right ankle sprain, finding that his current disability is at least as likely as not related to an in-service injury. The decision does not assign a specific rating or effective date.

The Board has remanded the Veteran's claims due to incomplete development and new evidence added since the last statement of the case.

The Board has decided to remand the Veteran's claim for a right ankle condition due to insufficient evidence in the July 2019 VA examination. A new examination is needed to determine if the Veteran has a current right ankle condition and whether it is related to his military service.

The Veteran's appeals for higher evaluations of his left lower extremity radiculopathy, back disability, and left ankle disability have been dismissed due to the withdrawal of these claims by the Veteran and his representative.,The effective date for a 10 percent rating for left lower extremity radiculopathy has been denied as it is not earlier than May 30, 2014.

The Board has determined that further development is needed to determine the severity of the Veteran's service-connected right ankle disability for each period on appeal, and a remand is ordered.

The Board has reopened the Veteran's claims for service connection for low back, right knee, left knee, and left ankle conditions. However, these claims are still pending as they have been remanded due to the need for a VA examination.

The Veteran's left little finger scar is not service-connected as there was no current evidence of a scar.,There is no evidence linking the Veteran's right knee disability to his active duty, and it is considered an acute injury that resolved prior to discharge.,Service connection for residuals of pharyngitis with history of upper respiratory infection cannot be established due to lack of current diagnosis.,The right ankle condition was noted as a sprain during service but has not been shown to have any chronicity or link to active duty.,There is no evidence linking the Veteran's hypertrophied tonsils to his military service.,Service connection for an undescended right testicle cannot be established due to lack of current diagnosis.

For the period prior to December 2, 2019, the Veteran's right ankle disability was rated as 10 percent disabling due to painful motion. The Board found that this more nearly approximated a moderate level of severity.,As of December 2, 2019, the Veteran’s right ankle disability manifested with marked limitation of dorsal flexion and foot-drop, warranting a 20 percent rating under DC 5271.

The Veteran's right ankle disorder and acquired psychiatric disorder are not granted. The Veteran is granted service connection for peripheral neuropathy of the right femoral nerve with a staged initial rating greater than 20 percent from July 17, 2019, and for peripheral neuropathy of the left sciatic nerve with an increased rating greater than 40 percent from July 19, 2019.

The Veteran's appeal for service connection for left ankle sprain and bilateral bone spurs has been dismissed due to his death.

The Board has determined that the Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and thus grants his claim for TDIU.

The Board has remanded several issues including service connection for psychiatric disorders, sleep condition, ED, lumbar condition, left knee condition, and right knee condition due to insufficient evidence. The Veteran's flat feet disability is not entitled to an increased rating.

The Board has decided to remand the case due to insufficient evidence regarding the current level of impairment of the Veteran's right ankle disability. A new VA examination is needed to assess this.

The Veteran's PTSD was rated at 70 percent, effective November 10, 2009. The right ankle disability is no longer in dispute due to the grant of a TDIU based on the right ankle. SMC at the housebound rate has been granted from November 10, 2009.

The Veteran's appeal is being remanded due to the failure to schedule a DRO hearing and for scheduling an appropriate VA examination. The AOJ should also attempt to obtain any outstanding VA treatment records.

The Veteran's tinnitus is granted as service-connected, while bilateral hearing loss and other conditions are denied.

The Veteran's service connection claims for bilateral hearing loss, tinnitus, and fatigue are denied.,Service connection is also denied for left hip condition, left knee condition, left ankle condition, left foot condition, right hip condition, right knee condition, right ankle condition, and right foot condition.

The Board has determined that additional examinations and medical opinions are needed to properly assess the Veteran's claims for service connection due to errors in duty to assist prior to the January and February 2017 rating decisions.

The Board found that the Veteran's service-connected disabilities did not meet the criteria for a special home adaptation grant, and thus denied his appeal.