Ankle decisions — 2022

The Board has granted special monthly compensation (SMC) for loss of use of the right foot and ankle, finding that no effective function remains other than what would be equally well served by amputation below the knee with a suitable prosthetic appliance. The decision is based on evidence from VA treating podiatrists who assessed the severity of the Veteran's service-connected disabilities.

The Veteran's bilateral hearing loss and other service-connected conditions render him unable to secure or follow a substantially gainful occupation.,The Veteran is currently rated at 30 percent for his combined service-connected disabilities, which includes bilateral hearing loss (20%), tinnitus (10%), osteoarthritis of the left knee (10%), degenerative disc disease of the lumbar spine with limited extension of right knee (10%), limited extension of left and right knees (10% each), and osteoarthritis of the left and right ankles (10%).

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation consistent with his education and occupational experience during the period on appeal prior to October 1, 2016. Therefore, TDIU was denied.

The Board has remanded the claims for increased ratings due to failure to comply with prior remand directives and issues related to VA examinations. The Veteran's service-connected disabilities include L4-L5 space narrowing degenerative arthritis, radiculopathy of the bilateral lower extremities, traumatic arthritis of the right shoulder based on limited range of motion, left knee disability based on limitation of motion, right ankle disability, and left ankle disability.

The Veteran's right ankle disability was rated at 10% prior to August 11, 2021 and granted a 20% rating effective from that date. The ratings for her carpal tunnel syndromes were denied.

The Board has remanded the Veteran's claims for service connection and increased rating due to insufficient development of evidence, including a need for new VA examinations.

The Board has remanded the claims of service connection for left knee, ankle, and hamstring disabilities due to incomplete Reserve service medical records. The RO is instructed to verify all relevant periods of active duty, ACDUTRA or INACDUTRA, request any missing medical and personnel records from the Veteran, and ensure all available Reserve service medical records are obtained.

The Veteran's acquired psychiatric disorder is granted as service-connected due to its relationship with his service-connected musculoskeletal disabilities. The right ankle and back disorders are denied.

The Board denied the Veteran's claims of service connection for left great toe, left ankle, right ankle, and right shoulder disabilities. The evidence did not support a finding that these conditions were incurred or aggravated by military service.

The appeal for the issue of sickle cell trait was dismissed. The appeals for low back disorder, pes planus, left ankle disorder, inguinal hernia, bilateral hearing loss, and sinusitis are remanded.

The Veteran's service-connected disabilities did not render him unable to secure and follow a substantially gainful occupation prior to October 9, 2021. The Board found that the Veteran was still employed at the time of his appeal.

The Board denied the Veteran's claim for service connection of a left ankle disability, finding that there is no evidence to support a nexus between his current left ankle disability and his military service.

The Veteran's claims for increased ratings, service connection, or reopening of previously denied claims have been granted. The case is remanded for further development on some issues.

The Board has denied the Veteran's claims for service connection for various foot and joint disabilities, including as due to a service-connected left ankle disability. The evidence does not support an etiological link between these conditions and active service or any incident of service.

The Veteran's right and left ankle disabilities are rated at 20 percent each, but the Board has determined that they do not warrant an extra-schedular rating due to their impact on employment.

The Veteran's service-connected disabilities have rendered him unable to obtain and follow a substantially gainful occupation since September 19, 2020.

The Board has remanded the claims of right leg venous stasis/insufficiency, right foot condition with ankle problems, and left lower extremity peripheral neuropathy due to inadequate notification for VA examinations.

The Board has remanded the claims for service connection of various disabilities, including sinusitis, GERD, ankle strain, and low back disability. The remand requires additional development to address the Veteran's lay statements regarding continuity of symptoms from service.

The Veteran withdrew the appeal on the issues of service connection for left elbow osteoarthritis, right ankle disorder, and sinusitis. As a result, these claims are dismissed.

The Board has remanded the Veteran's claims for additional development due to procedural errors and the need for further medical examinations.