Ankle decisions — 2022

The Board has remanded the claims for service connection and increased ratings for various knee and ankle disabilities due to new evidence being added to the file.

The Board has remanded the claims for service connection for left ankle, right foot, and low back disabilities due to new evidence received after the last Supplemental Statements of the Case (SSOCs).

The Board has denied service connection for Chronic Pain Syndrome, Chronic Fatigue Syndrome, Back Condition, Left Hip Condition, Right Hip Condition, Left Ankle Condition, and Right Ankle Condition. The Veteran's claims for TBI and Undiagnosed Sleep Disturbance or Insomnia have also been denied.

The Veteran's PTSD did not meet the criteria for a rating in excess of 50 percent prior to January 15, 2021 or in excess of 70 percent thereafter.,The Veteran's right elbow bursitis based on limitation of extension and supination does not warrant ratings higher than 50 percent and 10 percent respectively.

Your appeal for increased ratings for left knee and left ankle disabilities has been dismissed as the Veteran requested withdrawal of his appeal.

The Veteran's TDIU from March 2, 2016 is based on service-connected lumbosacral strain with degenerative changes. The Board found that the additional service-connected disabilities (right ankle, left ankle, right knee strain, tinnitus, and left lower extremity radiculopathy) are separate and distinct from the lumbosacral strain.

The Board has remanded the case due to additional development being needed, including obtaining updated VA treatment records and scheduling a new VA examination for the Veteran's right ankle disability. The AOJ should also consider whether a temporary total convalescent rating is appropriate following the Veteran's March 2022 surgery.

The Veteran's claims for service connection of sleep apnea and hypertension, as well as his claim for TDIU, were granted with an effective date of April 16, 2011. The VA also awarded Dependents' Educational Assistance (DEA) benefits effective from the same date.

The Board has remanded the issues of service connection for various conditions including bilateral knee and ankle conditions, sleep apnea, psychiatric disability, pseudofolliculitis barbae, and back condition due to insufficient medical opinions regarding their relationship to service.

The Veteran's claim for service connection for a gastrointestinal disorder was denied as there is no evidence of an in-service injury or disease that caused the current condition.,For his left shoulder disorder, the Veteran's claim was also denied. The disability has been rated at the highest schedular rating available (30 percent) since June 1, 2015, based on limitation of motion not meeting higher criteria for ankylosis or impairment of the humerus.,The Veteran's left ankle disorder was found to warrant a 10 percent disability rating under Diagnostic Code 5271. The Board noted that while there is pain during movement, it does not limit his range of motion below the levels required for higher ratings.

The Veteran's TDIU claim is remanded due to the need for additional evidentiary development, including a functional assessment of his service-connected disabilities and review of VA treatment records.

The Board has determined that the VA examination and opinion regarding the Veteran's ankle disabilities are inadequate, and thus remanded for further evaluation.

The Board has granted service connection for left ankle, left knee, and right knee disorders as secondary to the Veteran's service-connected HNP at L5-S1 with degenerative changes and right ankle sprain.

The Board has remanded the Veteran's claims for further development due to outstanding records and inadequate VA examinations.

The Board has remanded the Veteran's claims for increased ratings for his right ankle disabilities and TDIU on an extra-schedular basis due to the need for additional development, including a VA examination.

The Veteran's right ankle disability is granted with a 20% rating from October 3, 2017. The left wrist disability remains in dispute and requires further examination.

The Veteran's appeals for increased ratings on several service-connected conditions have been dismissed due to his withdrawal of the claims.

The Board has remanded the case due to the Veteran's failure to appear for a VA examination scheduled in conjunction with his appeal. The matter is now pending again.

The Veteran's service-connected disabilities, including chronic kidney disease and multiple musculoskeletal conditions, rendered him unable to secure or follow substantially gainful employment prior to January 27, 2021. From that date, his combined disability rating was 100 percent due to the combination of all his service-connected conditions.

The Veteran's major depressive disorder was caused by stressors during active-duty service and the claim for this condition is granted. The right ankle condition and respiratory condition are remanded due to insufficient evidence.