Ankle decisions — 2020

The Veteran's acquired psychiatric disorder, including depression and anxiety, is granted service connection as secondary to his service-connected lumbar spine disability. Service connection for left ankle, right ankle, and right knee disabilities are also granted. The Veteran's increased rating claim for spondylolisthesis L5-S1 with arthritis remains denied.

The Board has remanded the Veteran's claims of service connection for bilateral ankle, knee, and hip disabilities due to inadequate opinions in the September 2017 VA examination. The examiner failed to address whether the Veteran’s claimed disabilities are related to his conceded in-service fall from a helicopter while serving as a dog handler.

The Board has remanded the claims for service connection for low back condition, left knee condition, and right ankle condition due to insufficient rationale in the July 2019 VA opinion. The Veteran's claim for service connection for right knee disability remains denied.

The Board has determined that additional development is needed for the Veteran's claims of service connection for right ankle disorder and residuals of a broken left fifth toe. The AOJ should obtain any outstanding treatment records, specifically those from Kadena Air Base in Okinawa, Japan, where the Veteran reported receiving treatment as a military spouse during her husband’s deployment. They should also attempt to obtain VA medical records.

The Board has remanded the claims for service connection due to insufficient evidence and needs further examination.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for allergic rhinitis following a throat and nasal surgery was denied as there is no additional disability in this case.,The Veteran's claim for TDIU was also denied due to the presence of other physical disabilities that prevent him from being unemployable.

The Veteran's appeal for an initial disability rating in excess of 10 percent for left ankle sprain with osteochondral defect is denied. The Board finds that the preponderance of the evidence does not support a higher rating.

The Veteran's left ankle disability and chronic rhinitis have been granted increased ratings of 30 percent each. The TDIU issue is remanded for further examination.

The Veteran's appeal is remanded for further examination and evaluation of his left knee patellofemoral syndrome with ACL sprain, as well as his left and right ankle conditions. The VA will obtain updated medical records and schedule the Veteran for an examination to assess the severity of his current disabilities.

The Board has granted an initial 20 percent rating for the Veteran's bilateral ankle conditions, effective from September 14, 2017.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, thus the Board has granted entitlement to total disability based on individual unemployability due to service-connected disabilities (TDIU).

The Board has denied service connection for right ankle, right knee, left knee, right hip, and low back disabilities due to lack of evidence linking these conditions to service.

The Board has granted an initial disability rating of 20 percent for the Veteran's residuals of right ankle sprain, effective October 31, 2008. The evidence shows marked limitation of motion during flare-ups but no ankylosis or other significant impairment.

The Veteran's tinnitus is granted service connection and rated at 10 percent.,The Veteran's tension headaches are granted a rating of 50 percent, the maximum available under Diagnostic Code 8100.,The Veteran's TBI is denied an initial rating in excess of 10 percent.,The Veteran's arthritis of the left ankle is denied an initial rating in excess of 10 percent.,The Veteran's arthritis of the spine remains remanded for further evaluation.

The Veteran's service connection claim for a right ankle scar is denied as there is no diagnosed current disability.,The Veteran's initial compensable rating claim for status-post traumatic deviated nasal septum is denied due to the lack of evidence showing less than 50 percent obstruction on both sides.

The Veteran's appeal of the August 2016 Rating Decision for increased ratings and earlier effective dates for bilateral ankle disabilities is considered timely due to a mailing error that caused his representative not to receive proper notice.

The Veteran's pseudofolliculitis barbae is granted as service connected. The right foot and ankle disabilities are remanded for further examination.

The Board has determined that new and relevant evidence has been received to reopen the claims for service connection of a lumbar spine disorder, right ankle disorder, and left leg disorders. The claims are now remanded for further development.

The Veteran's right ankle arthritis and left-hand and thumb disability were both denied as the evidence did not warrant a higher rating than currently assigned.

The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance or housebound status was denied because his service-connected disabilities do not meet the criteria for SMC, as he is not in need of regular aid and attendance due to his service-connected conditions.