Ankle decisions — 2021

The Veteran's right ankle disability rating has been restored to 30 percent, effective from April 1, 2019. A rating in excess of 30 percent for the condition is denied.

The Board has granted service connection for bilateral plantar fasciitis, a low back disability, and a left ankle disability. The Veteran's conditions are found to be related to his active duty.

The Board has denied the Veteran's claims for earlier effective dates for service connection due to a lack of evidence supporting the Veteran's contention that he filed an earlier claim. The Veteran and his representative submitted statements and email correspondence, but no formal or informal claim prior to October 23, 2015 was found.

The Veteran's service-connected disabilities, including migraine headaches and polyarthralgia involving multiple joints, have rendered him unable to secure or follow a substantially gainful occupation prior to November 5, 2020. As of that date, his combined disability rating is 100 percent, which moots the TDIU claim.

The Veteran's service-connected RSD of the right and left feet and ankles have been granted a 20 percent rating each, resolving reasonable doubt in his favor.

The Veteran's claim for service connection for an acquired psychiatric disorder, including major depressive disorder, was granted. Service connection for PTSD was denied. For the rating period from March 4, 2016 to December 7, 2016, a 50 percent disability rating for bilateral pes planus with plantar fasciitis was granted. For the rating period from December 7, 2016 forward, an increased disability rating in excess of 50 percent is not possible as the Veteran is already at the maximum allowable rating under Diagnostic Code 5276.

The Board has remanded the claims for migraine headaches, obstructive sleep apnea, left ankle condition, right ankle condition, myoclonic jerks, and left lower extremity radiculopathy of the sciatic nerve and tibial, peroneal, and cutaneous nerves due to new evidence received since the last denial.

The Board has remanded the Veteran's claims for service connection for left knee, hip, and ankle disabilities due to a lack of an adequate opinion regarding whether these conditions are caused or aggravated by his service-connected lumbar spine disability.

The Board has remanded the cases for further development and examination, as there are inconsistencies in the evidence and need for clarification on the etiology of the Veteran's bilateral ankle disability and difficulty swallowing.

The Board has granted service connection for chronic left and right ankle instability, finding that the current disabilities are causally connected to in-service ankle instability.

The Board has reopened the Veteran's claim for service connection of a right ankle disability and granted service connection for left knee and low back disabilities as secondary to his service-connected left ankle sprain. The remaining issues are remanded.

The Board has remanded the claim of entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) prior to April 4, 2017 for further development. The issues have been referred to the Agency of Original Jurisdiction (AOJ).

The Veteran's request for re-entrance into the VR&E program following a determination of rehabilitation is denied due to his service-connected disabilities not precluding him from performing work duties and the occupation previously found rehabilitated being deemed suitable.

The Board has reopened the Veteran's previously denied claims for low back, bilateral ankle, and bilateral foot disabilities. However, these claims are still being remanded as new opinions are needed to determine if there is a relationship between his current conditions and service.

The Board has remanded the Veteran's claims for increased ratings for his left and right knee disabilities, as well as his lumbosacral strain. The issues of entitlement to increased ratings for these conditions are now pending before VA.

The Veteran's claim for service connection for rheumatoid arthritis involving hands, wrists, knees, ankles, and pulmonary nodules was not received until April 13, 2010. The effective date of the award is therefore set to April 13, 2010.

The Board denied a rating in excess of 10 percent for the Veteran's left ankle degenerative joint disease, finding that the evidence did not show marked limitation of motion or involvement of two or more major joints.

The Veteran's right ankle sprains are currently rated at 20 percent, effective September 30, 2010. The Board found that a higher rating is not warranted under the former or revised criteria.,The Veteran's left knee instability and painful limitation of motion are both currently rated at 10 percent.

The Veteran's claim for a rating greater than 10 percent for residuals of left ankle sprain prior to September 1, 2020 is denied. The claim for TDIU from August 16, 2017 is granted.

The Board has remanded the claims for service connection due to insufficient medical opinions and outdated VA examinations. The Veteran's disabilities, including his acquired psychiatric disorder, are being evaluated further.