Ankle decisions — 2022

The Board has granted a rating of 30 percent for the Veteran's right ankle disability and a maximum schedular evaluation of 50 percent for his bilateral pes cavus with plantar fasciitis, heel spurs, metatarsalgia, and neuroma.

The Veteran's tinnitus has been assigned a 10 percent evaluation throughout the appeal period, which is the maximum rating authorized for tinnitus under Diagnostic Code (DC) 6260.,The Veteran seeks service connection for bilateral hearing loss and contends that his current hearing loss was caused by in-service exposure to excessive noise. The VA examiner's opinion regarding the etiology of the current hearing loss disability is inadequate, and a new medical opinion should be obtained on remand.,The Veteran seeks service connection for right foot disability, left foot disability, bilateral shoulder disability, bilateral hip disability, bilateral knee disability, bilateral ankle disability, neck disability, and back disability. The VA examiner's opinion regarding the etiology of these disabilities is inadequate, and a new medical opinion should be obtained on remand.,The Veteran seeks service connection for right foot disability, left foot disability, bilateral shoulder disability, bilateral hip disability, bilateral knee disability, bilateral ankle disability, neck disability, and back disability. The VA examiner's opinion regarding the etiology of these disabilities is inadequate, and a new medical opinion should be obtained on remand.,The Veteran seeks service connection for right foot disability, left foot disability, bilateral shoulder disability, bilateral hip disability, bilateral knee disability, bilateral ankle disability, neck disability, and back disability. The VA examiner's opinion regarding the etiology of these disabilities is inadequate, and a new medical opinion should be obtained on remand.,The Veteran seeks service connection for right foot disability, left foot disability, bilateral shoulder disability, bilateral hip disability, bilateral knee disability, bilateral ankle disability, neck disability, and back disability. The VA examiner's opinion regarding the etiology of these disabilities is inadequate, and a new medical opinion should be obtained on remand.,The Veteran seeks service connection for right foot disability, left foot disability, bilateral shoulder disability, bilateral hip disability, bilateral knee disability, bilateral ankle disability, neck disability, and back disability. The VA examiner's opinion regarding the etiology of these disabilities is inadequate, and a new medical opinion should be obtained on remand.,The Veteran seeks service connection for right foot disability, left foot disability, bilateral shoulder disability, bilateral hip disability, bilateral knee disability, bilateral ankle disability, neck disability, and back disability. The VA examiner's opinion regarding the etiology of these disabilities is inadequate, and a new medical opinion should be obtained on remand.,The Veteran seeks service connection for right foot disability, left foot disability, bilateral shoulder disability, bilateral hip disability, bilateral knee disability, bilateral ankle disability, neck disability, and back disability. The VA examiner's opinion regarding the etiology of these disabilities is inadequate, and a new medical opinion should be obtained on remand.,The Veteran seeks service connection for right foot disability, left foot disability, bilateral shoulder disability, bilateral hip disability, bilateral knee disability, bilateral ankle disability, neck disability, and back disability. The VA examiner's opinion regarding the etiology of these disabilities is inadequate, and a new medical opinion should be obtained on remand.

The Veteran's claims for service connection, increased ratings, and TDIU are being remanded due to the failure of VA examinations scheduled in June 2019. The Board finds that proper notification was not provided to the Veteran regarding these appointments.

The Board has remanded the claims of service connection for asthma, left ankle disability, and right ankle disability due to potential issues with medical evidence and need for further examination.

The Board has decided to remand the Veteran's claims for spine and left ankle disabilities due to insufficient medical evidence, including lack of consideration of medication effects and range of motion measurements. The Veteran will need new VA examinations to evaluate his current disability levels.

The Board has dismissed the Veteran's appeals for his right ankle disability, PTSD effective date, and rash claims due to withdrawal. The Board has also remanded his claims for a right knee disability, left hip disability, and rash.

The Board has remanded the Veteran's claims due to incomplete service personnel records, specifically for his periods of active duty for training and inactive duty training in the Louisiana Air National Guard and Connecticut Air National Guard from 1989 to 2011. The VA is instructed to obtain these records.

The Veteran's claims for increased ratings for lumbosacral strain with degenerative arthritis and scoliosis, and left ankle sprain have been denied as the evidence does not support a higher rating based on current functional impairment.

The Board denied the Veteran's claim for service connection of a right ankle disorder, finding that there is no evidence to support a link between her current condition and an in-service injury or disease.

The Veteran's claim for service connection for a left ankle disability was denied as there is no evidence of an in-service injury or disease. The Board found that the Veteran's statements were inconsistent with his service treatment records and therefore not credible.

The Veteran's left ankle disability is rated at 10 percent prior to December 10, 2021 and remains at 10 percent thereafter. The evidence does not support a higher rating due to moderate limitation of motion.

The Veteran's PTSD with MDD, generalized anxiety disorder, and insomnia did not meet the criteria for a rating in excess of 70 percent prior to October 18, 2019.,Prior to August 7, 2020, the left ankle disorder did not meet the criteria for a rating in excess of 10 percent. From August 7, 2020, it received a 20 percent rating based on marked limited motion.

The Board has remanded the Veteran's claims for rhinitis, sinusitis, sleep apnea, dysentery, rectal bleeding, IBS, cystitis, arthritis, deviated septum with residuals, bilateral knee and ankle disabilities, and a headache disability due to outstanding evidence and need for additional examinations.

The Board has determined that the Veteran's right ankle disability is at least as likely as not related to service, and therefore grants service connection for this condition.

The Board has granted service connection for a right ankle sprain with longitudinal split tear of the peroneus brevis tendon and plantar fasciitis. The appeals seeking service connection for left knee condition and skin condition have been dismissed.

The Board dismissed the appeals for service connection for sleep apnea, increased ratings for bilateral plantar fasciitis and residuals of a fracture of the left distal tibia and fibula with varus deformity and left ankle fracture with limitation of motion and left knee condition with arthritis, as well as an increase in rating for radiculopathy of the left lower extremity. The appeal seeking SMC based on need for regular aid and attendance was granted.

The Board has remanded the Veteran's claims due to new evidence being submitted after the September 2016 SOC, March 2017 SSOC, and September 2018 decision. The AOJ is instructed to consider this new evidence in their next rating decision.

The Board has dismissed the Veteran's claims for service connection for bilateral hip and ankle disabilities as they are already compensated by his service-connected radiculopathy. The issues of initial compensable rating for allergic rhinitis, service connection for neck disability, service connection for bilateral shoulder disability (secondary to neck disability), and service connection for bilateral knee disability have been REMANDED.

The Veteran's claim for service connection for MDD has been reopened, with the Board finding that new and material evidence has been received to support this claim.,The Veteran's claim for service connection for tinnitus has also been reopened, with the Board finding that new and material evidence has been received to support this claim.

The Veteran's initial separate 10% rating for right knee arthritis with instability is granted, and the restoration of his 30% rating for service-connected right ankle arthritis is also granted.