Ankle decisions — 2021

The Veteran's appeals for increased ratings on several service-connected conditions have been dismissed as the claims were withdrawn by his representative during a hearing. The Board has also determined that additional examinations are needed to assess the severity of his ankle and knee disabilities, as well as whether he has radiculopathy.

The Board has granted service connection for the Veteran's bilateral hip condition. The issues of service connection for bilateral pes planus, bilateral shin splints, and bilateral ankle conditions are remanded.

The Veteran's appeals for left knee arthritis, right ankle arthritis, and bone spur (unspecified) have been dismissed due to the death of the Veteran.

The Veteran's appeal for fibromyalgia was dismissed.,New and material evidence has been received to reopen claims for service connection of various disabilities, including hip, shoulder, and back conditions.

The Board has decided to remand the case due to inadequate VA examination, and requires a new opinion on the nature and etiology of the left ankle disability.

The Board has remanded the Veteran's claims due to insufficient evidence regarding his claimed conditions and their relationship to service.

The Board denied the Veteran's claims for service connection for bilateral ankle degenerative joint disease and for his bilateral shoulder, elbow, wrist, hip, knee, and neck disabilities due to a lack of evidence linking these conditions to service.

The Board has decided to remand the claims for bilateral knee, left shoulder, left ankle, sinus, and chronic bronchitis disabilities due to insufficient medical opinions. The Veteran's chronic fatigue syndrome claim is also being remanded.

The Veteran's right ankle disability is currently rated at 20 percent, the maximum schedular rating available under Diagnostic Code 5271 for limitation of motion of the ankle. A higher rating is not warranted as there is no evidence of ankylosis or other conditions that would allow for a higher evaluation.

The Board has remanded the Veteran's claims for bilateral foot disability, sleep disorder (OSA), left ankle disability, and left knee disability due to incomplete development of the evidence.

The Board has remanded the claims for service connection due to a lack of adequate reasoning in not addressing the theory of service connection involving obesity as an intermediate step between the Veteran's service-connected disabilities and his claimed disabilities.

The Board has remanded the case due to conflicting opinions on whether the Veteran's bilateral ankle disability is related to service or secondary to his service-connected bilateral foot disability.

The Veteran's left ankle disability was rated at 20 percent prior to August 19, 2016.,From October 1, 2017 to December 14, 2017 and from February 1, 2019, the Veteran's left ankle disability has been rated at 40 percent.

The Veteran's appeals have been dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims.

The Veteran's service connection claim for residuals of left ankle strain is granted, as the evidence supports her claim that she sustained a left ankle strain during basic training in 2007 and has experienced ongoing symptoms since then.

The Board has granted service connection for the Veteran's right foot/pes planus disability, as well as his right hallux valgus, right ankle sprain and right foot sprain disabilities. The decision is based on a finding that these conditions were aggravated by active duty service.

The Board has reopened the Veteran's claims for service connection for asthma, bilateral leg condition, and bilateral ankle condition due to new evidence submitted. However, the claim for service connection for a bilateral knee disability was not reopened as there was no new and material evidence provided.

The Board has found that there has not been substantial compliance with the August 2021 Board remand and has ordered further action to be taken on the appeals for higher ratings for service-connected ankle, knee, and hip disabilities. The AOJ is required to review the expanded record, including private examinations submitted by the Veteran's representative in December 2020, and any additional audiograms obtained.

The Board has vacated its previous decisions on several service connection claims and remanded them for further review.

The Board has dismissed the Veteran's claim for service connection for bilateral hearing loss. The claims for service connection for thoracic back disability and right ankle disability have been remanded due to new evidence received since the April 2019 rating decision.