Ankle decisions — 2022

The Veteran's claim for a higher rating for his right ankle sprain was granted, with a disability rating of 20 percent effective from May 27, 2021. The prior rating of 10 percent is denied.

The Board has granted service connection for right and left knee disorders, as well as right and left ankle disorders. Service connection for left hip disorder is also granted. However, the Veteran's claim of a compensable evaluation prior to December 2, 2019, for bilateral hearing loss is denied, and his claim for an evaluation in excess of 40 percent since that date remains pending.

The Board has decided that the Veteran's right foot neuropathies following July 2016 surgery may have been caused by carelessness, negligence, or lack of proper skill on the part of VA. The case is being sent back for a new opinion to clarify this issue.

The Board has determined that the Veteran's claims for service connection and increased ratings are remanded due to a lack of recent VA examinations addressing these issues. The Veteran is seeking service connection for left eye, right ankle, and back disabilities, as well as increased ratings for his bilateral knee disabilities.

The Veteran's tinnitus is granted as service connected. The effective date for Non-Hodgkins Lymphoma and scars associated with it remains at March 14, 2017.,The Veteran's bilateral ankle disability and left knee disability are remanded due to the need for VA examinations.,The Veteran's bilateral pes planus is remanded as there needs to be a new opinion regarding whether his condition worsened during service.

The Veteran's initial claim for an increased rating for her left foot scars was denied as the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.,For the period from December 29, 2016 to the present, the Veteran's claim for an increased rating for her left foot, left ankle, and right knee scars was also denied as there is no indication that these conditions warranted a higher rating than what she currently receives.

The Veteran's service-connected bilateral ankle and shin disabilities are being remanded for further evaluation due to evidence suggesting they may have worsened since the last VA examination.

The Board has remanded the Veteran's claims for service connection for various lower extremity and upper extremity conditions due to inadequate etiological opinions in previous VA addendum opinions. The issues are being returned for further development.

The Board has granted the Veteran's claim for service connection for a right knee disability as secondary to his service-connected bilateral pes planus and ankle disabilities.

The Board denied service connection for a lumbar spine disability, right ankle disability, sinusitis, and asthma due to lack of evidence linking these conditions to active service.,Service treatment records show some medical issues during service but no chronic or persistent symptoms related to the claimed disabilities.

The Board granted service connection for right ankle arthropathy as secondary to a left leg disability and an initial rating of 10 percent for bilateral acquired flatfoot from September 23, 2011.

The Board has remanded the claims for service connection for left knee and right ankle disorders due to new evidence received. The claim for tinnitus is granted.

The Board has remanded the Veteran's claims for service connection for various foot, ankle, knee, and hip disorders as well as radiculopathy of the lower extremities. The issues are related to her service-connected chronic mild lumbosacral strain.

The Board has decided to remand the case due to insufficient information regarding whether the Veteran's service-connected disabilities alone are sufficient for SMC based on need for regular A&A. The VA is instructed to schedule a VA SMC A&A/Housebound examination to determine if the Veteran requires assistance with ADLs.

The Board denied a TDIU on an extraschedular basis prior to August 14, 2020 due to the Veteran's service-connected disabilities not precluding substantially gainful employment.

The Board has remanded the Veteran's claims for increased ratings for intervertebral disc syndrome with degenerative changes of the lumbosacral spine and right ankle degenerative arthritis, as well as his claim for a total disability rating based on individual unemployability prior to January 7, 2019. The appeals are remanded due to the need for additional development.

The Veteran's increased rating claim for her right ankle disability is denied as there is no evidence of ankylosis, and the current 20% rating is the maximum allowed under the applicable diagnostic code.

The Board has determined that further development is needed to determine the nature and etiology of any left ankle, left knee, or heart disabilities. The appeal will be remanded for these purposes.

The Veteran is granted entitlement to TDIU as of April 11, 2017 and from August 1, 2015 to April 10, 2017. The claim for TDIU prior to August 1, 2015 is denied.