Ankle decisions — 2022

The Board has determined that the Veteran's right ankle disability was incurred in service and granted service connection for it.

The Veteran's appeals for service connection for right and left shoulder disabilities have been dismissed. Effective May 24, 2010, the Veteran is granted a TDIU based on her service-connected disabilities.

The Veteran's claims for service connection of left upper extremity, left lower extremity, and right upper extremity neuropathy have been denied as there is no current diagnosis of these conditions.

The Board has remanded several issues related to service connection for various disabilities, including lower back pain, ankle injuries, flat feet, and complex regional pain syndrome. The AOJ needs to obtain specific information about the Veteran's periods of active duty training (ACDUTRA) during his military service.

The Board has granted the Veteran's request for special monthly compensation (SMC) based on the need for aid and attendance due to his service-connected disabilities, including PTSD with pseudoseizures, obstructive sleep apnea, and right ankle disability.

The Board has granted service connection for a left ear hearing loss disability and remanded the issues of service connection for neck and left ankle disabilities.

The Board has decided to remand the cases for further development due to lack of substantial compliance with previous remand directives. The Veteran's right ankle condition and bilateral plantar fasciitis need to be re-evaluated considering his lay statements regarding symptoms and treatment in service.

The Board has remanded three service connection claims: for a left ankle disorder, a left foot disorder, and melanoma of the left foot. The appeals are being returned to the AOJ for further development.

The Veteran's back disability is granted a 20 percent rating effective from March 16, 2011. The left ankle disability remains at a 10 percent rating.

The Veteran's PTSD is rated at 70 percent since August 1, 2012. From January 29, 2020, the Veteran is granted a TDIU based on his service-connected disabilities.

The Board has granted service connection for lumbar strain, left ankle strain, and left knee disability based on the Veteran's lay reports of symptoms starting in service.

The Board has decided to remand the service connection claims for bilateral hearing loss, right ankle injury, right shoulder injury, and low back injury due to potential outstanding service treatment records. The psychiatric disability claim is also remanded for a new VA examination.

The Board has determined that the Veteran's claims for service connection for bilateral knee, ankle, and skin disabilities should be remanded due to inadequate medical nexus opinions in the original decision. The AOJ is instructed to obtain updated treatment records, provide an examination to determine the nature and etiology of these disabilities, and consider whether they are related to active service.

The Board has restored the Veteran's prior rating of 20 percent for his left ankle disability, effective February 15, 2020. The reduction from 20 to 10 percent was improper as there is no evidence of actual improvement in the Veteran's ability to function under ordinary conditions.

The Board has granted service connection for a lumbar spine disability and obstructive sleep apnea secondary to the Veteran's service-connected bilateral pes planus. The issue of service connection for bilateral ankle instability is remanded as it may be related to the Veteran's service-connected bilateral foot disabilities.

The Board has remanded the cases for further development and consideration, including obtaining updated VA treatment records and an addendum medical opinion regarding the Veteran's diabetes mellitus type II.

The Board denied service connection for various conditions, including bilateral pes planus, right and left ankle arthritis, lower back arthritis, cervical spine disorder, right hip condition, left hip condition, major depression, right leg radiculopathy, right arm radiculopathy, erectile dysfunction (ED), left knee replacement, and right knee disability. The denial is based on the conclusion that these conditions did not pre-exist service or were not aggravated by service.

The Board has remanded the case due to incomplete development and a need for a VA medical opinion regarding the Veteran's right ankle disorder.

The Veteran's claims for bilateral knee disorder, bilateral hearing loss, hypertension, right and left ankle disorders, right and left hip disorders, obstructive sleep apnea, and erectile dysfunction are being remanded due to the need for additional medical opinions.

The Board has remanded the claims for a low back disorder and left ankle condition, as they are related to service-connected residuals of a left tibia fracture. The case will be returned to the RO for further action.