Ankle decisions — 2021

The Veteran's left ankle disability has not resulted in reduction of range of motion to less than 15 degrees dorsiflexion or less than 40 degrees plantar flexion, representing moderate limitation of motion. As a result, the claim for an increased evaluation is denied.

Entitlement to a higher rating for PTSD with associated depression and anxiety is denied. The Veteran's symptoms are more closely approximated by a 50 percent disability rating.,Entitlement to TDIU is denied as the evidence does not show that the Veteran's service-connected disabilities render her unable to secure or follow a substantially gainful occupation.

The Veteran's right ankle and low back disabilities are being remanded for further examination and consideration. The AOJ will attempt to verify the period of active duty training in July 1992, obtain VA treatment records, and schedule a medical opinion regarding the relationship between current disabilities and service.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's claimed disabilities, including whether they are related to her service. The case is being remanded for further action.

The Veteran's recurrent right ankle sprain with arthritis is rated at 20 percent, effective December 1, 2020.

The Veteran's claim for service connection for a low back disability is being remanded due to the need for additional examination and opinion.,The Veteran's claims for service connection for left ankle and right ankle disabilities are being remanded due to the need for additional examination and opinion.,The Veteran's claims for service connection for peripheral neuropathy of the upper and lower extremities are being remanded due to the need for additional examination and opinion.,The Veteran's claim for service connection for a heart disability is being remanded due to the need for additional examination and opinion.

The Board denied a higher rating for the Veteran's left ankle tendonitis, finding that the evidence did not support a rating greater than 10 percent under either the old or new criteria.

The Board has remanded the appeal for further development and to obtain addendum opinions from a VA examiner regarding the nature and etiology of the Veteran's claimed conditions, including headaches, bilateral foot disorder, and bilateral ankle disorders. The issues of entitlement to SMC for aid and attendance and at the housebound rate prior to July 18, 2014 and after September 1, 2015 are also inextricably intertwined with these remanded issues.

The Veteran's claims for an initial higher rating for his right knee disability, and the reopening of service connection claims for left knee and right ankle disorders are remanded due to pending VA treatment records.

The Board has decided to remand the Veteran's claims for further development due to the need to obtain additional records from his treatment at the Hampton VA Medical Center.

The Board has determined that the Veteran's right hip disability, neck disability, headaches, left hand disability, and skin disabilities are not related to service. The claims for these conditions have been denied. The Board has also found that there is no current evidence of a left ankle disability or skin disability during the pendency of the claim. As such, the Veteran's claims for these conditions are being remanded for further development.

The Board has remanded the Veteran's claims for left knee and left ankle disabilities due to insufficient evidence, including lack of nexus opinions.

The Board has remanded the case due to insufficient rationale in the previous opinions regarding whether the Veteran's left ankle disability is related to service or secondary to his service-connected right ankle sprain.

The Veteran's right inguinal hernia was previously rated at 10 percent, but the Board found that there is no current hernia and no associated symptomatology. Therefore, a higher rating in excess of 10 percent for this condition prior to January 6, 2020 is denied.,The Veteran's right inguinal hernia was rated at 0 percent effective January 6, 2020 after the VA found that there is no current hernia. The Board determined that restoration of a 10 percent rating is not warranted as there is no current hernia or associated symptomatology.,The Veteran's right foot and ankle disability was rated at 10 percent. After reviewing recent medical records, the Board found that the condition has improved to the point where it does not meet the criteria for a higher evaluation.

The Board has remanded the claims for service connection and rating of the Veteran's lumbar spine disability, as well as his entitlement to a total disability rating based on individual unemployability prior to February 11, 2020. The issues have been returned to the RO for further review.

The Board has granted entitlement to TDIU from February 25, 2008 due to the appellant's service-connected disabilities preventing him from obtaining or maintaining gainful employment.

The Veteran's claim for service connection for coronary artery disease was denied as the preponderance of evidence did not support a finding that his condition began during active service or was related to an in-service injury.,The appellant's claim for compensation under 38 U.S.C. § 1151 for additional disability manifested by hypothyroidism was denied because the VA examiner found no indication that the Veteran's use of amiodarone caused his condition.,The appellant's claims for compensation under 38 U.S.C. § 1151 for additional disability due to failure to remove a surgical clip in the left lower ankle and staple in the lower left leg were denied as the VA examiner found no evidence that the Veteran experienced an event not reasonably foreseeable or fault on the part of VA.

The Board has remanded the claims for service connection for bilateral foot, right ankle, and left leg disabilities due to incomplete development.

The Veteran's GERD is rated 10 percent disabling, and the Board finds that it does not meet the criteria for a higher rating.,The Veteran's left knee strain with instability and shin splints, left knee strain with limitation of flexion, right knee strain with instability and shin splints, and right knee strain with limitation of flexion are all rated 10 percent disabling. The Board finds that additional evidence is needed to determine if these conditions warrant higher ratings.,The Veteran's left ankle sprain and right ankle sprain are both rated 10 percent disabling. Additional evidence is needed to determine if these conditions warrant higher ratings.,The Veteran's low back strain with degenerative arthritis is rated 20 percent disabling, but the Board finds that additional evidence is needed to determine if this rating is appropriate.,The Veteran's left lower extremity radiculopathy and right lower extremity radiculopathy are both rated 10 percent disabling. Additional evidence is needed to determine if these ratings are appropriate.

The Board has remanded the Veteran's claims for service connection for various conditions, including left shoulder condition, low back condition, bilateral knee conditions, bilateral plantar fasciitis, sinusitis, cervical spine degenerative joint disease, erectile dysfunction, right ankle condition, and sleep apnea and associated sleeping disorder. The appeals are not about service connection at all.