Ankle decisions — 2022

The Veteran's appeal for increased ratings for his service-connected knee and ankle disabilities is being remanded due to the need for additional examinations to determine when pain on motion begins.

The Board has found that the Veteran's claims for service connection and initial ratings for various conditions, including hemorrhoids, TMJ, right thumb scar, and cerebral hemisphere infarction residuals, need to be remanded due to procedural errors and the need for additional evidence.

The Board has remanded the claims for hearing loss, hammertoes, obstructive sleep apnea, psychiatric disorder (other than posttraumatic stress disorder), right knee disorder, right hip disorder, right ankle disorder, left shoulder disorder, neck disorder, and back disorder. The Veteran's fibromyalgia claim is denied.

The Veteran's claims for higher ratings for various service-connected conditions have been remanded by the Board due to additional development needed.

The Veteran's right ankle reduction internal fixation disability is rated at the maximum schedular rating of 20 percent, and there are no symptoms apart from limited motion. Therefore, an increased rating is denied.

The Veteran's service-connected ALL treatment is found to be the cause of his chronic fatigue, shortness of breath, irritable bowel syndrome (IBS), skin conditions with dermoid cysts, insomnia, degenerative arthritis, mechanical back pain, facet joint arthropathy, spondylosis, left knee disability, right knee disability, and right ankle disability.,The Veteran's service-connected ALL treatment is found to be the cause of his erectile dysfunction.

The Veteran's right ankle disability is rated at 20 percent, the maximum rating available under DC 5271 for marked limitation of motion. The Board found that a higher rating was not supported by the evidence.

The Board denied service connection for right ankle arthritis, skin disability (full body rash), and bilateral lower extremity peripheral neuropathy due to herbicide exposure as there was no competent evidence linking these conditions to service.

The Veteran's claim for service connection for diabetes mellitus was denied, and the Board found no new and material evidence to reopen the claim.,The Veteran's psychiatric disorder is rated at 30 percent, but not higher. The Board did not find any additional symptoms warranting a higher rating.,Service connection for cervical spine disability, left ankle disability, and lumbar spine disability was granted effective May 11, 2016. The Veteran requested earlier dates, which were denied as there was no indication of intent to claim these disabilities prior to that date.,The Veteran's left lower extremity radiculopathy and right lower extremity radiculopathy were also granted service connection effective May 11, 2016. Again, the Veteran requested earlier dates which were denied as there was no indication of intent to claim these disabilities prior to that date.,Service connection for left upper extremity radiculopathy and right upper extremity radiculopathy is remanded due to lack of evidence supporting secondary service connection.

The Veteran's right ankle disability has been granted an initial rating of 20 percent effective October 23, 2018. The issue of service connection for a right elbow injury is being remanded.,The Board previously found that the Veteran's current right ankle condition was not related to his in-service injury and instead resulted from a 2006 surgery.

The Board has remanded the claims for service connection due to conflicting medical opinions and a lack of substantial compliance with previous remand directives.

The Board denied the Veteran's claim for special monthly compensation (SMC) based on need for aid and attendance or housebound status due to his service-connected disabilities, finding that he is not in need of regular aid and assistance nor permanently confined to his home.

The Board denied service connection for bilateral sensorineural hearing loss, left leg disability, right leg disability, and left ankle disability.,Service connection was not granted for any of the claimed disabilities.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining retrospective opinions on the severity of his disabilities since April 2011.

The Board has remanded the Veteran's claims for service connection due to incomplete records and need for additional medical opinions regarding her left foot and ankle disabilities.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and a need for further examination. The issues include headaches, PTSD, brain aneurysm, TBI, balance disability, sleep apnea, bilateral hearing loss, dental disability, cervical spine disability, thoracolumbar spine disability, right wrist disability, left wrist disability, right thumb disability, left thumb disability, right knee disability, and left knee disability.

The Veteran's left ankle pain is not proximately caused by VA, including the surgery performed by a private physician referred by VA. The Board finds this opinion highly probative as it is based on a review of the records and reflects the evidence of other treatment records.

The Veteran's claim for increased ratings was granted, with a 30 percent rating assigned for chronic gastritis, GERD, hiatal hernia, ulcer, liver enzyme condition, and cholecystectomy prior to November 1, 2018. The Veteran is denied a higher rating since that date.

The Veteran's TBI and acquired psychiatric disorder are granted service connection. The cervical spine, lumbar spine, left ankle, and right ankle disorders are remanded for further examination.

The Board has remanded the claims for additional development due to missing service medical records, specifically separation examination reports. The Veteran's lay testimony and current symptoms are also considered.