Ankle decisions — 2021

The Board has determined that additional medical examinations are needed to assess the current severity of the Veteran's right ankle sprain and anxiety disorder, as well as to determine the nature and etiology of his claimed eye disorders. The Veteran is also entitled to a remand for service connection on the merits.

The Veteran's service-connected disabilities, particularly his PTSD and physical conditions like shoulder and back scarring, do not prevent him from securing or following a substantially gainful occupation.

The Board has remanded the claims of service connection for bilateral hearing loss and residuals of a left ankle fracture, to include as due to a right knee disability. The Veteran's claim will be reconsidered with new evidence considered.

The Board has granted service connection for the Veteran's right knee, left ankle, right ankle, and left knee disabilities based on a finding of in-service injury and continuity of symptomatology.

The Board has decided to remand the case due to insufficient medical opinion regarding the etiology of the Veteran's right ankle disability. The issue will be reviewed again after additional development.

The Board has remanded the cases for further development, including obtaining VA examinations and opinions to determine if the Veteran's claimed conditions are related to his service-connected disabilities.

The Veteran's DVT with post-thrombotic syndrome and chronic venous insufficiency of the left lower extremity, pulmonary embolism, and a left ankle disability were caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.,The Veteran's DVT with post-thrombotic syndrome and chronic venous insufficiency of the right lower extremity is unclear if it was caused by the left leg DVT. The examiner should clarify this.

The Veteran's claim for a rating in excess of 20 percent for his left ankle disability has been denied as the evidence does not show ankylosis, which is required to rate under Diagnostic Code 5270. The highest permissible rating based on limitation of motion is 20 percent.

The Board has granted the Veteran's claim for service connection for a left ankle disability as secondary to his service-connected right and left knee disabilities. The decision finds that the Veteran's current left ankle disability is proximately due to or caused by his service-connected knee disabilities.

The Veteran's service-connected disabilities did not render her unable to secure or follow a substantially gainful occupation prior to December 13, 2012.

The Veteran's appeal is remanded due to the need for additional examinations to assess the current severity of his service-connected left ankle, right knee, left knee, left hip and right hip disabilities.

The Veteran's claim for an earlier effective date for left lower extremity radiculopathy is granted, with the effective date set at September 14, 2006. SMC based on housebound status and need for regular aid and attendance are denied.

The Board has granted an earlier effective date of December 1, 2008 for the grant of a total disability rating based upon individual unemployability (TDIU). The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment since December 1, 2008.

The Board has remanded the case due to inadequate examination and lack of explanation regarding the etiology of the Veteran's knee, ankle, and hand conditions.

The Veteran is granted a TDIU from March 5, 2018. The Board has also remanded the case for an extraschedular TDIU determination prior to March 5, 2018.

The Board has remanded the case for referral to the Director of Compensation for consideration of a TDIU on an extraschedular basis due to the Veteran's service-connected musculoskeletal disabilities.

The Veteran's claim for service connection for a left ankle disability was granted with an effective date of January 23, 1981. The rating assigned is 10% from that date to July 25, 2017 for the left foot disability and from April 25, 2016 onwards.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to additional medical records being added to his case file since the most recent Supplemental Statements of the Case (SSOC).

The Board has remanded the issue of an evaluation in excess of 50 percent for major depressive disorder, but denied the TDIU claim as the Veteran was employed full-time prior to March 20, 2019.

The Board has decided to remand the Veteran's claims for insomnia disorder, GAD, right ankle condition, and bilateral hearing loss due to a lack of VA examinations and inadequate medical opinions. The Veteran is required to provide evidence of his Reserve service periods and undergo further examination by appropriate clinicians.