Ankle decisions — 2021

The Board has remanded the issues of entitlement to a higher initial rating for service-connected right ankle disability and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU).

The Board granted a 10 percent rating for old avulsion fracture fragment in the region of the medial malleus, right ankle, effective December 28, 2015.,The Board denied entitlement to an initial compensable rating for thigh, impairment of the right knee (DC 5253).

The Veteran's claims for increased ratings and service connection have been remanded by the Board. The AOJ is directed to consider new evidence submitted since the August 2016 denial of his right knee disorder claim.

The Board has granted service connection for hemorrhoids. The right ankle disability and acquired psychiatric disability are remanded due to insufficient consideration of the Veteran's lay statements.

The Board has remanded three issues: 1) the issue of entitlement to an initial evaluation greater than 30 percent for bilateral pes planus, 2) service connection for an acquired psychiatric disorder (depression), and 3) service connection for left and right ankle/leg disabilities. The Veteran's depression is secondary to his service-connected foot disabilities, but the VA examiner’s opinion was inadequate as it did not address the relationship between pain caused by service-connected disabilities and the Veteran's depression. For the ankle/leg issues, the VA examiner found that the degenerative joint disease of the bilateral ankles is not proximately due or aggravated by the service-connected foot disabilities. The obesity causing the Veteran's degenerative joint disease of the bilateral ankles was also not addressed in the opinion.

The Veteran's claim for service connection for right knee disorder, hypertension, bilateral foot disorder, right ankle arthritis, and allergic rhinitis has been granted. The claims for service connection for a left knee disorder, left knee scars, PTSD, pseudofolliculitis barbae (PFB), and other conditions have been denied.

The Veteran withdrew his appeals for service connection for bilateral hearing loss and increased ratings for his service-connected fractured left distal tibia and right ankle disabilities. The Board dismissed these claims.

The Board has denied the Veteran's claims of service connection for left knee arthritis, left ankle arthritis, and right knee arthritis. The evidence does not support a finding that these conditions began during service or are related to any in-service injury or disease.

The Board has denied an initial rating in excess of 10 percent for right ankle strain and has remanded the issue of service connection for headaches, including as secondary to tinnitus.

The Veteran's right shoulder disability was denied as not related to service.,The Veteran's thoracolumbar sprain and left ankle sprain were both denied as warranting a rating in excess of 10 percent.,A TDIU was granted beginning March 30, 2017.

The Veteran's left foot disability is currently rated as 50 percent disabling, which is the maximum schedular rating for any of his service-connected left foot disabilities. The appeal to increase this rating to higher than 50 percent has been denied.

The Veteran's right and left ankle disabilities are rated at 20 percent each, effective throughout the entire rating period. The appeal for service connection of fibromyalgia (chronic pain syndrome) is remanded.

The Board has remanded the Veteran's claims for additional vocational rehabilitation training benefits to obtain a law degree and retroactive induction into a rehabilitation program for completion of a Bachelor of Science degree in construction management due to incomplete records and need for further evaluation.

The Veteran's service-connected disabilities, including right hip replacement and lumbosacral strain, render him unable to secure or follow a substantially gainful occupation. The Board grants TDIU effective October 1, 2017.

The Board denied service connection for cervical spine/neck disorder, lumbar spine/back disorder, right knee disorder, right ankle disorder, right thumb disorder, and bilateral hearing loss as the appellant did not have a disability during ACDUTRA or INACDUTRA that was aggravated by military service.

The Board has granted service connection for right and left ankle pain, finding that the Veteran's unexplained ankle pain is presumed to be related to his service in Southwest Asia.

The Veteran's tinnitus is granted service connection. The Board has remanded the remaining issues for further development.

The Veteran's initial rating for left ankle disability is remanded due to unclear examination results and the need for clarification of additional loss of ROM.,The Veteran's initial rating for low back disorder prior to February 9, 2021, and from that date forward is remanded due to conflicting examination reports and the need for clarification of additional loss of ROM.,Service connection for skin disorder is remanded due to lack of nexus opinion and need for clarification regarding exposure at Ft. McClellan, AL.,Service connection for left knee disorder is remanded due to lack of nexus opinion and need for examination.,Service connection for headaches is remanded due to lack of nexus opinion and need for examination.

The Board has remanded the Veteran's claims for increased ratings for right knee limitation of motion and instability due to changes in rating criteria effective February 7, 2021. The RO is instructed to consider both old and new rating criteria when adjudicating these claims.

The Board has denied service connection for right and left ankle disorders as secondary to stress fractures of the tibia, finding that there is no medical evidence supporting a causal relationship between the Veteran's service-connected tibial disabilities and his ankle conditions.