Ankle decisions — 2021

The Veteran's claim for a higher rating for his right ankle disability has been granted. The claims for service connection for a neck disability, loss of sense of taste, and loss of sense of smell have been remanded.

The Veteran's claims for increased ratings for right ankle sprain and thoracolumbar spine strain were denied as their current disability levels do not meet the criteria for higher ratings under VA rating criteria.

The Board denied service connection for residuals of a right ankle fracture and hypertension, finding that the Veteran's conditions did not meet the criteria for service connection.

The Veteran withdrew his appeal for increased ratings for right ankle fusion with degenerative osteoarthritis and joint disease prior to May 3, 2020 and thereafter.

The Board has remanded the Veteran's claims for service connection of right ankle, left knee, and right knee disorders due to inconsistencies in the VA examiner's opinions regarding these conditions. The cases are pending further development and evaluation.

The Veteran's migraine headaches are rated at 50% effective March 27, 2013. The Veteran's traumatic brain injury residuals (not otherwise encompassed by the rating for migraine headaches) are rated at 10% from March 27, 2013 to January 23, 2017 and at 70% effective January 23, 2017. The Veteran's PTSD is granted as a separate disability with an initial rating of 70%. The Veteran's back disability and bilateral foot/ankle disability are also granted.

The Board has granted service connection for obstructive sleep apnea, finding that it was aggravated by the Veteran's service-connected chronic tonsilitis with pharyngitis.

The Veteran's migraine headaches are rated at 50% effective March 27, 2013. The Veteran's traumatic brain injury residuals (not otherwise encompassed by the rating for migraine headaches) are rated at 10% from March 27, 2013 to January 23, 2017 and at 70% effective January 23, 2017. The Veteran's PTSD is granted as a separate disability with an initial rating of 70%. The Veteran's back disability and bilateral foot/ankle disability are also granted.

The Veteran's service-connected disabilities have rendered him unable to obtain and follow a substantially gainful occupation, effective July 18, 2017.

The Veteran's claims for PTSD and right rotator cuff tendonitis were denied as there was no credible evidence supporting the claimed in-service stressors or injury, respectively.,Service connection for a left ankle disability (claimed as villonodular synovitis of the ankles) is remanded due to insufficient evidence.

The Board has remanded the cases for further development and consideration. The Veteran's claims for service connection are now pending.

The Veteran's right ankle Achilles tendonitis was evaluated under DC 5271, which applies to limitation of motion of the ankle. The Board denied a rating in excess of 20 percent for this period.,Since August 1, 2012, the Veteran has been rated at 40 percent for right ankle Achilles tendonitis due to complete paralysis of the external popliteal nerve and foot drop.

The Board has decided to remand several claims for further development, including obtaining additional medical records and conducting examinations to address the Veteran's service connection claims.

The Veteran's claim of service connection for sleep apnea as secondary to his service-connected disabilities is remanded due to the need for a VA examination to assess the nature and etiology of the disability, including whether it was caused or aggravated by any other service-connected conditions.

The Veteran's appeal is remanded due to the need for new VA examinations to assess the current severity of his service-connected disabilities, including bilateral plantar fasciitis with calcaneal spurs, lumbar spine degenerative disc disease, diverticulitis, left ankle achilles tendonitis, and bilateral feet tinea pedis.

The Board has remanded the Veteran's claims for additional development due to outstanding records and need for addendum opinions regarding service connection.

The Veteran's service-connected disabilities, including his back and left knee conditions, have worsened to the point where he requires constant use of an ambulatory device for walking. The Board finds a remand necessary to assess the severity of these conditions and their impact on daily activities.

The Board has remanded the Veteran's claims for increased ratings and temporary total disability ratings due to incomplete examination reports, specifically lacking estimates of range of motion during flare-ups or after repetitive use. The AOJ is instructed to obtain new medical examinations.

The Board denied service connection for a lumbosacral spine disability, to include chronic myositis of the paralumbar spine muscles, and for a bilateral ankle disability due to lack of evidence linking these conditions to active service.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's right foot arthritis is related to his service. The examiner will need to provide an opinion on this matter.