Ankle decisions — 2021

The Board has remanded the case due to insufficient evidence regarding the Veteran's service-connected disabilities and their impact on his ability to work, as well as his need for aid and attendance or housebound status. The Veteran will be required to provide updated employment history and undergo VA examinations to determine these matters.

The Board has remanded the issues of service connection for a respiratory disorder, esophageal cancer, and residuals of a gallbladder removal due to unresolved medical opinions regarding potential exposure to Agent Orange, asbestos, and oil fumes during service.

The Veteran's claims for increased ratings for cervical spine, left ankle, right ankle, and left wrist disabilities are remanded due to the need for additional examinations and evaluations.

The Veteran's left ankle disability has been granted a 10 percent rating, effective from November 9, 2021.,Service connection for adjustment disorder with mixed anxiety and depression, left ankle arthritis, left ankle scar, and eczema was granted on May 27, 2015.

The appeal has been dismissed due to the Veteran's death.

The Veteran's tension headaches are granted service connection. The remaining issues of service connection for various musculoskeletal and psychiatric disabilities are remanded.

The Veteran's right ankle disability, including a scar from his Achilles tendon surgery, is rated at 20 percent effective November 15, 2019. The Board also granted an initial rating of 10 percent for the scar prior to that date.

The Veteran's claim for service connection for a low back disability was granted, and an effective date of March 21, 1995, was established. The left shoulder disability issue is remanded due to the need for a new VA examination. The left ankle scar issue has been granted with an initial compensable rating.

The Veteran's degenerative joint disease of the left knee has not manifested in flexion limited to 45 degrees or extension limited to 10 degrees, even considering functional impairment due to factors such as pain. The highest rating available is 10 percent.,The Veteran's left foot hallux rigidus, hallux valgus, and hammer toes status post bunionectomy with screw fixation have been assigned a 10 percent rating, which is the maximum schedular rating authorized under the applicable criteria. The Veteran's hammer toes do not affect all toes.,The Veteran's left foot spurring and arthritis corresponds to foot injury of no more than moderate severity. A separate rating of 10 percent, but no higher, for left foot spurring and arthritis is granted.,The Veteran's right foot hallux valgus, hallux rigidus, and hammer toes have been assigned a 10 percent rating, which is the maximum schedular rating authorized under the applicable criteria. The Veteran's hammer toes do not affect all toes.,The Veteran's right foot spurring and arthritis corresponds to foot injury of no more than moderate severity. A separate rating of 10 percent, but no higher, for right foot spurring and arthritis is granted.,The reconstruction of the left ankle manifests in moderate, but not marked, limitation of motion, and it does not manifest in limitation of dorsiflexion to 5 degrees or less or plantar flexion to 10 degrees plantar flexion or less. The highest rating available is 10 percent.,The Veteran does not have a current right ear disability for VA purposes.,Diabetes mellitus, type II, was not shown in service or within one year after discharge from service and is not otherwise associated with service. Therefore, the claim of service connection for diabetes mellitus, type II, is denied.,A heart disability was not shown in service or within one year after discharge from service and is not otherwise associated with service. Therefore, the claim of service connection for a heart disability, claimed as residuals of a heart attack, is denied.,Hypertension was not shown in service or within one year after discharge from service and is not otherwise associated with service. Therefore, the claim of service connection for hypertension is denied.

The Veteran's claim for service connection for a lumbar spine disorder has been reopened, but the Board has remanded both his claims for service connection for a lumbar spine disorder and right ankle disorder due to insufficient evidence in the current record.

The Board has remanded the Veteran's claims for service connection for various disabilities, including cervical spine, lumbar spine, right arm, right ankle, left ankle, and right foot disabilities. The case is being returned to the RO for further action.

The Veteran's right foot injury residuals, with failed fusion and degenerative arthritis, are rated at 30 percent from July 7, 2009. His right hip dislocation (abduction) is rated at 20 percent from July 7, 2009 to February 16, 2018, and his right hip dislocation (extension) is rated at 10 percent from the same period. The Veteran's total disability based on individual unemployability due to service-connected disabilities is granted since July 7, 2009.

The Veteran's appeal for an increased rating and TDIU has been remanded due to the need for additional development.

The Board has remanded the Veteran's claims for service connection for right shoulder, right ankle, and left ankle conditions due to inadequate opinions in previous examinations. The claims are being returned to VA for further development.

The Veteran's service-connected disabilities render him unable to engage and retain substantially gainful employment since August 29, 2012. TDIU is granted effective from that date.

The Veteran's cause of death was not due to service-connected disabilities, and the VA-prescribed medications did not result in an additional disability or death. The Board found that the medications prescribed for his service-connected conditions were not causally related to his death.

The Board has granted service connection for right and left ankle degenerative arthritis, finding that the current disabilities are related to in-service injuries.

The Veteran's service-connected scarring of the abdomen, right ankle, and right knee is granted a 20% evaluation effective September 19, 2012. The claim for service connection for an acquired psychiatric disability secondary to service-connected disabilities is remanded.

The Veteran's appeals for a higher rating for his right ankle condition and TDIU are being remanded due to the need for additional development of his claims.

The Veteran's MDD symptoms did not meet the criteria for a rating in excess of 70 percent.,The Veteran is entitled to a TDIU effective August 25, 2014.