Ankle decisions — 2022

The Board has granted service connection for the Veteran's back disability, bilateral lower extremity radiculopathy, bilateral ankle disabilities, and bilateral knee disabilities. The conditions are related to his military service.

The Board has decided to remand the claims for tinnitus and right ankle disability due to a lack of VA examination opinions. The Veteran will be provided another opportunity for an examination and medical opinion.

The Veteran's service-connected PTSD prevented him from obtaining or maintaining substantially gainful employment for the period from December 20, 2013 to August 9, 2019. The Board granted a TDIU based solely on his PTSD during this period.

The Board has denied the Veteran's claims for service connection for right wrist, back, right ankle, and allergic skin disorders due to a lack of evidence linking these conditions to her military service.

The Veteran's claims for increased ratings for her service-connected bilateral hip, knee, and ankle disabilities are being remanded due to the need for additional medical examinations and consideration of outstanding records.

The Veteran's right ankle lateral collateral ligament sprain with ankylosis is currently rated at 30 percent, effective October 6, 2021. A separate 10 percent rating for right ankle instability has also been granted.

The Board denied the Veteran's claim for SMC based on the need for regular aid and attendance or at the housebound rate due to his employment, which precludes him from meeting the criteria for this benefit.

The Veteran's left second metacarpal fracture is granted a rating of at least 10 percent from May 19, 2017. The Board has remanded cases for service connection and evaluation of other conditions.

The Board has remanded the cases due to insufficient evidence regarding the etiology of the Veteran's claimed disabilities. The Veteran is not entitled to service connection for hypertension, and further examinations are needed to determine if his current shoulder, knee, ankle, or foot conditions were incurred in service.

The Board has found that the requested development for an extraschedular evaluation and TDIU determination has not been completed, and thus the claims are being remanded once again.

The Veteran's service-connected disabilities do not render him unable to secure and maintain substantially gainful employment.

The Veteran's claims for service connection have been reopened, but the Board has determined that additional development is needed due to lack of VA examinations and new evidence.

The Board has remanded the cases for additional medical opinions to address whether the Veteran's left ankle, lower back, and left hip disabilities are caused or aggravated by his service-connected right ankle disability. The current opinions from Dr. RM were inadequate as they did not consider all relevant evidence and failed to discuss the effects of altered gait, impaired weight-bearing, and repeated falls associated with the right ankle.

The Veteran's claims for higher ratings for his right knee and left ankle disabilities have been denied. The Board found that the evidence did not support a higher rating for his right knee disability, as it only warranted a 10 percent rating prior to September 27, 2019, and a 60 percent rating thereafter. For his left ankle disability, he was granted a 100 percent rating from August 17, 2018, but the Board found that the evidence did not support an even higher 30 percent rating due to marked limitation of motion of the ankle.

The Veteran's left ankle disability is rated at 20 percent, and her sinusitis and allergic rhinitis are each rated at 10 percent. The TDIU claims from January 21, 2015 to March 2, 2021 have been granted, but the TDIU claim from March 3, 2021 has been denied.

The Veteran's tinnitus was granted service connection based on a finding of continuous symptoms since service. The right shoulder, left ankle, and knee disorders were denied as not incurred in service.

The Veteran's claims for increased ratings for right ankle sprain with instability and degenerative arthritis, left ankle sprain with instability, and right knee internal derangement status post posterior collateral ligament tear have been denied. The VA has determined that the current ratings adequately reflect the severity of these conditions.

The Veteran's left ankle disability is not considered to be caused by VA treatment, and the Board finds no fault on VA's part in providing care. The case was remanded for an addendum opinion regarding MRI testing, but the evidence does not support granting compensation under 38 U.S.C. § 1151.

The Veteran's initial and subsequent ratings for right ankle degenerative joint disease have been denied as the evidence does not meet the criteria for a higher rating prior to June 17, 2017, and in excess of 20 percent thereafter.

The Veteran's left ankle disability is rated at 30 percent from December 1, 2014 to May 8, 2017. A higher rating for the entire period on appeal is denied. The Veteran's left ankle scars are rated at 10 percent.