Ankle decisions — 2021

The Veteran's appeals for increased disability ratings and a total disability rating based on individual unemployability have been dismissed due to his withdrawal of the appeal.

The Veteran's service-connected disabilities, including dermatitis, left ankle and knee conditions, urticaria, and nerve injury, make it impossible for him to secure or follow a substantially gainful occupation. The Board has determined that the evidence is in equipoise as to whether he can perform most occupations due to his disabilities.

The Veteran's appeal for an effective date prior to March 25, 2019 for TDIU was denied. The Board found that the preponderance of evidence did not support a finding that her service-connected disabilities prevented her from obtaining and maintaining employment prior to March 25, 2019.,The Veteran's appeal for past-due benefits by the grants of basic eligibility to Dependents' Educational Assistance (DEA) and TDIU effective March 25, 2019 was remanded. The Board noted that there was a discrepancy in the amount of past-due benefits awarded and ordered a complete audit/accounting.

The Board has remanded the Veteran's claims for service connection due to incomplete records and need for further examination. The issues include gout, residuals of pneumonia, bladder disorder, kidney disorder, right foot disorder, left foot disorder, bilateral knee disorder (previously claimed as arthritis), bilateral shoulder disorder (previously claimed as arthritis), and bilateral ankle disorder (previously claimed as arthritis).

The Board has decided to remand the cases for further development and opinion regarding service connection for right hip, right knee, and left ankle conditions. The TDIU issue is also being remanded due to its inextricability with the other issues.

The Veteran's coronary artery disease and hypertension are granted as secondary to his service-connected acquired psychiatric disorder. The left foot condition, bilateral hallux valgus, and left ankle condition are denied.

The Veteran's right and left ankle disabilities are currently rated at 10 percent each, with no higher ratings being warranted based on the evidence of record.

The Veteran's appeals for increased evaluation and service connection have been dismissed due to the Veteran's request for withdrawal of these appeals prior to a decision being made.

The Veteran's impairment of the tibia and fibula is granted a separate rating of 10 percent, but no higher, effective June 27, 2011. The claim for an increased rating for status post left ankle sprain remains pending.

The Veteran's service-connected foot, ankle, and back pain did not render him unemployable prior to March 25, 2017. He was employed in management positions at various automobile dealerships during this period.

The Veteran's claim for an increased evaluation of his right ankle degenerative arthritis status post chronic recurrent ankle sprains is denied as he is already receiving the maximum schedular evaluation available.

The Board has remanded the Veteran's claims for service connection due to outstanding VA and private treatment records, as well as inadequate examinations. The issues of low back disability, right ankle disability, bilateral wrist disability, and left knee disability are now before the Board.

The Veteran's service connection claims for various disabilities were granted, but an effective date earlier than January 13, 2017 is denied.

The Board has granted the Veteran's claim for service connection for a left ankle disability, finding that new and material evidence has been received to reopen his previously denied claim. The Veteran's left ankle disability is found to be causally related to his active service.

The Veteran's initial compensable disability ratings for his service-connected left ankle and lumbar strain disabilities have been denied. The case is remanded for further evaluation of the right foot plantar fasciitis.

The Veteran's left knee and right foot disabilities have been denied as service-connected.,The Veteran's left foot disability has also been denied as service-connected.

The Veteran's right ankle tendonitis and instability due to partial thickness posterior talofibular tear is granted an initial 20 percent rating from November 9, 2014 through December 8, 2015.

The Veteran's lumbar strain, right ankle sprain, and right knee DJD have all been denied higher ratings.,Specifically, the Veteran's lumbar strain is rated at 20 percent prior to June 2, 2010, but not in excess of that. His right ankle sprain has a maximum rating of 20 percent as of June 2, 2010. His right knee DJD also has the maximum schedular rating.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions addressing his lay contentions of in-service injuries and their progression.

The Board has remanded the case due to inadequate statement of reasons and bases, failure to comply with VA's duty to assist, and need for updated rating criteria application.