Ankle decisions — 2022

The Board has dismissed all service connection claims for ankle and shoulder disorders due to the Veteran's death.

The Veteran withdrew his appeal regarding the claim of service connection for a left ankle disability before the Board could make a decision.

The Veteran's service-connected left ankle disability has rendered him unable to secure or follow a substantially gainful occupation, and the Board finds that he is entitled to a TDIU.

The Board has decided to remand the Veteran's claims for further development due to inadequate examination reports and failure to consider the Veteran's contentions of flare-ups, foot pain during service, and ongoing foot problems.

The Board has remanded the claims for service connection due to inadequate opinions from previous VA examiners. The claims are being returned for further review and examination.

The Veteran's appeal is being remanded due to the need for a current examination and retrospective assessment of his service-connected left ankle muscle injury, as well as an evaluation of his TDIU claim which is inextricably intertwined with the left ankle issue.

The Board has decided to remand the Veteran's claims for low back disability, right ankle disability, and bilateral knee disability due to insufficient evidence. The AOJ is instructed to attempt to obtain jump and medical treatment records from Fort Bragg from 1982 through 1988. Additionally, a VA examination must be conducted to provide opinions on the onset and relationship of each condition to service.

The Veteran's claims for increased ratings for diabetes mellitus and right ankle degenerative arthritis were denied. The Board found that the Veteran's diabetes did not require regulation of activities, while his right ankle arthritis did not meet the criteria for a higher rating under either the old or new Diagnostic Code 5271.

The Board has granted service connection for the Veteran's right ankle disability, finding that his current condition is related to an in-service injury and resolving all doubt in his favor.

The Board has granted the Veteran's appeal as his timely filed VA Form 9 was received, and the presumption of regularity in mailing the Statement of the Case (SOC) to his attorney has been rebutted.

The Board has decided to remand the Veteran's claims for service connection and rating determinations due to the submission of additional VA treatment records that were not previously considered.

The Veteran's right ankle disability is currently rated at 20 percent, the maximum rating available under Diagnostic Code 5271 for limitation of motion. The Board finds that a higher rating is not warranted.

The Board has decided that additional development is needed to determine the etiology of the Veteran's claimed disabilities, including left ankle, right knee, right hip, back, left knee, and left hip disabilities. The case is being remanded for further examination and opinion.

The Veteran's claim for service connection for COPD was denied due to lack of evidence linking the condition to his military service or a service-connected disability. The claim for TDIU was granted, and the issue of rating in excess of 60 percent for asbestosis is remanded.

The Board denied the Veteran's claims for service connection for left knee joint osteoarthritis, left ankle disability, and left hamstring disability.,There was no evidence of a left knee or left ankle disability during service. The Veteran was not diagnosed with these conditions until decades after his discharge from active service.

The Board has granted service connection for tinnitus. The remaining issues of service connection for knee and ankle disabilities, as well as a bilateral foot disability are remanded due to the need for additional examinations.

The Board has granted service connection for the Veteran's chronic left ankle sprain, finding that it is proximately due to his service-connected bilateral pes planus and right ankle sprain.

The Veteran's service connection for onychomycosis of bilateral feet and right ankle disability has been granted. The issue of an initial rating in excess of 10 percent for the right ankle disability is being remanded.

The Veteran's claim for service connection for a right ankle disability is reopened, and the matter of entitlement to compensation under the provisions of 38 U.S.C. § 1151 for a left ankle disability is remanded.

The Board has determined that the Veteran's back, neck, left ankle, and right ankle disabilities are service-connected. However, due to a lack of an examination for his right shoulder disability, this issue is remanded.