Ankle decisions — 2021

The Veteran's left ankle disability is rated at 20 percent prior to August 24, 2018. The claim for TDIU is being remanded.

The Board has remanded the cases due to inadequate VA examinations, and further development is needed for both left knee and left ankle disabilities.

The Board has decided that the Veteran's claims for increased ratings for left and right tibial stress fractures with ankle strain should be remanded due to a lack of recent VA examination.

The Veteran's right and left knee disabilities are currently rated at 20 percent, effective May 21, 2021. The Veteran's ankle disabilities have been increased to 30 percent each.,The Veteran's surgical scar of the left ankle is rated at 10 percent.

The Board has remanded the issues of initial ratings for various foot, ankle, knee, and shoulder conditions since April 1, 2011. The Veteran is asked to provide authorization for VA to obtain private medical records from providers who treated him after April 1, 2011, and any relevant VA treatment records.

The Veteran's right ankle instability is granted a separate 20 percent rating, effective from the date of the decision. The initial rating for right ankle strain remains denied.

The Veteran's right shoulder disability is restored to a 40 percent rating effective February 1, 2016. The Board has also added issues of entitlement to increased ratings for lumbar spine disability and bilateral lower extremity radiculopathy and the propriety of the reduction of the evaluation for left shoulder strain from 30 percent to 20 percent.

The Board has remanded the Veteran's claims for additional development due to inadequate medical examinations in previous decisions. The case is now back with the Board for further consideration.

The rating reduction from 30 percent to 10 percent for bilateral hearing loss was improper, and the 30 percent rating is restored. The Board finds that remand is required to obtain adequate VA opinions regarding the Veteran's left ankle and left knee conditions.

The Board has remanded the Veteran's claims for increased ratings due to concerns about the competency of VA examiners who conducted certain examinations in March 2015 and February 2017. The AOJ is instructed to secure additional credentialing information for these examiners.

The Board has dismissed the Veteran's claims for service connection of left ankle, lower back, and left foot disabilities due to his withdrawal of appeal.

The Veteran's service-connected disabilities have rendered him unable to obtain or maintain substantially gainful employment for the entire appeal period, and his claim for a TDIU is granted.

The Board has remanded the cases for additional development, including obtaining updated VA treatment records and requesting addendum medical opinions from a November 2020 examiner regarding the Veteran's right knee and left ankle disabilities.

The Board denied the Veteran's claims of service connection for right knee, left knee, right ankle, and low back disabilities due to a lack of evidence linking these conditions to her military service.

The Board has remanded the case due to the need for additional medical records from VA and private facilities. The Veteran's left ankle and low back disorders are being reviewed again with these new records.

The Veteran's appeal for service connection for hearing loss was withdrawn by the Veteran during his hearing before the Board.,Service connection is granted for cystic acne, posttraumatic stress disorder (PTSD), a low back disability, left lower extremity radiculopathy, and right knee disability. Service connection is denied for a right ankle disability.

The Board has determined that the Veteran's right ankle disability with traumatic arthritis does not warrant a rating in excess of 20 percent, as his symptoms do not meet or approximate the criteria for an increased rating under any applicable diagnostic code.

The Board has determined that the VA opinions obtained on remand are inadequate for the issues of service connection for sleep apnea and a disability rating in excess of 20 percent for right ankle sprain residuals. The claims must be returned to the agency of original jurisdiction (AOJ) for further development.

The Board has remanded the issues of service connection for residuals of head trauma, including intracranial hemorrhage; lumbar spine disability as secondary to left ankle disability; and headaches as secondary to service-connected status post injury to left orbital region with sensory impairment of left trigeminal nerve.

The Veteran's left ankle instability is now rated at 20 percent, effective September 15, 2009. The increased rating for the left ankle sprain remains denied.