Ankle decisions — 2021

The Board has dismissed the Veteran's appeals for service connection of his right shoulder, left wrist, right knee, left knee, right ankle, and left ankle disabilities as he withdrew his appeal prior to a decision being made.

The Veteran's service connection claim for gastroesophageal reflux disease (GERD) has been granted. The right ankle disability issue is being remanded due to a duty-to-assist error.

The Veteran's current diagnosed left ankle condition is related to an in-service ankle injury, and the Board has granted service connection for this condition.

The Board denied the Veteran's claim for service connection for right upper extremity peripheral neuropathy, finding that he does not have a current diagnosis of this condition. The Board also remanded the issues regarding his bilateral ankle disabilities due to insufficient examination findings.

The Board has remanded the case due to additional VA medical records not having been considered in the previous decision. The Veteran's claim for service connection for residuals of a broken right ankle/foot will be reconsidered by the AOJ.

The Board denied the claim of service connection for the cause of the Veteran's death, finding that there is no evidence to support or suggest that any of the Veteran's service-connected disabilities caused or contributed to his death in any way.

The Board has determined that there was clear and unmistakable error in the December 1984 decision denying service connection for bilateral ankle disability. The effective date of the grant of service connection is set at June 16, 1984, which is one day after the Veteran's separation from service.

The Veteran's claim for increased ratings and service connection was remanded due to incomplete or unclear evidence, particularly regarding the relationship between his service-connected conditions and any new claims.

The Board has remanded the cases for further development due to inadequate examinations and the need to elicit information regarding flare-ups of the Veteran's right ankle and left knee conditions.

The Veteran's left ankle condition is being remanded for further clarification and evaluation due to conflicting medical opinions.

The Board has decided the right ankle disability case and remanded for further development regarding the back disorder. The Veteran's appeal is pending.

The Board has dismissed all claims of service connection for various conditions due to the Veteran's death.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including ratings for various conditions and claims of secondary service connection. The decision also notes that there are outstanding VA treatment records which need to be obtained.

The Veteran's service-connected hemorrhoid disability and right ankle disability were evaluated, with the hemorrhoid rating remaining at 0% from June 5, 2013 to November 30, 2020. The right ankle disability received a 10% initial rating from June 5, 2013 to November 30, 2020 and was denied for higher ratings thereafter.

The Veteran's left ankle and foot DJD is granted a 20 percent rating as of February 2, 2013. The right ankle and foot DJD does not meet the criteria for a higher than 20 percent rating. Both left and right ankle TTS are granted a 20 percent rating as of April 24, 2014.

The Board found that the Veteran's service-connected conditions do not reach the level of equipoise as to whether he requires aid and attendance or is permanently housebound, thus denying his claim for special monthly compensation based on need for aid and attendance and/or housebound status.

The Veteran's right ankle disability was previously rated at 10 percent prior to January 23, 2020, and increased to 20 percent thereafter. The appeal is remanded for further development.,The VA examiner did not diagnose the Veteran with an acquired psychiatric condition, including PTSD and depression. The appeal is also remanded for a new examination.

The Board has remanded the case for further development, including scheduling a VA examination to assess the severity of the Veteran's service-connected left foot disability. The other issues on appeal have been denied.

The Board has remanded the claims for right ankle, bilateral knees, back, bilateral bunions, and bilateral hammertoes due to a lack of relevant medical records from UCLA in the 1970s. The Veteran's service-connected left ankle disability may also be considered as it relates to these conditions.

The Board has determined that the AOJ did not substantially comply with its November 2020 remand directives regarding obtaining service personnel records and private medical records. The Veteran's left ankle condition, lower back condition, and bilateral lower extremity radiculopathy claims are being remanded for further development.