Ankle decisions — 2022

The Veteran's service-connected disabilities, including TBI with an acquired psychiatric disorder (PTSD, major depressive disorder, and generalized anxiety disorder), right knee instability, left knee instability, right lower extremity radiculopathy, right ankle instability, right ankle degenerative joint disease, left knee degenerative joint disease, lumbar spine degenerative disc disease with left neural foramina stenosis, right knee semilunar cartilage removal residuals, left knee semilunar cartilage removal residuals, appendectomy scar residuals (right arm and face), spider bites residuals (right arm and face), a right knee scar, a left knee scar, and tension headaches, have necessitated the need for regular aid and attendance of another individual. The Board has granted special monthly compensation based on this need.

The Veteran's left shoulder tendonitis, lumbar strain, bilateral wrist strains, right ankle strain, and status post fasciotomy have been granted increased ratings. The service connection for a prescription medication condition, memory loss, hernias, fibromas of the left lower back, and TDIU has been remanded.

The Board denied requests for earlier effective dates and increased ratings for degenerative arthritis of the right shoulder and ankle, finding that the Veteran's claims were not filed within one year of his separation from service.

The Veteran's service connection claims for allergic rhinitis, hypertension, gout, right foot condition, and left ankle condition are granted. The claims for right foot condition and left ankle condition are considered related to the service connection claim for gout.

The Veteran's bilateral hearing loss was rated as noncompensable prior to October 7, 2020 and then assigned a 10 percent rating from that date. The Board found the evidence did not support an increased rating for this condition.,For the period after October 7, 2020, the Veteran's hearing loss was rated as 10 percent disabling. The Board determined there was no evidence of a higher rating based on his current symptomatology.

The Veteran's petitions to reopen claims for right knee, left knee, right ankle, and left ankle disabilities, as well as neuropathy have been granted.,Service connection has also been granted for persistent depressive disorder, other specified stressor disorder, and alcohol use disorder.

The Board has remanded several issues, including the initial rating for left shoulder disability, service connection for low back disorder and arthritis, and a special monthly pension claim. The Veteran is to be provided with VA examinations to determine the nature and etiology of his disabilities and whether he needs aid and attendance.

The Board has granted service connection for the Veteran's right ankle condition, finding that it constitutes or is part of a medically unexplained chronic multi-symptom illness. The TDIU claim remains pending as the combined rating needs to be recalculated with the newly assigned rating for the right ankle.

The Veteran's service-connected disabilities, including major depressive disorder with panic disorder, right ankle degenerative arthritis, left ankle lateral collateral ligament sprain, and headaches, rendered him unable to secure or maintain substantially gainful employment prior to December 7, 2017. The Board granted the TDIU claim based on these conditions.

The Board has remanded the Veteran's claims for service connection due to incomplete service records and inadequate VA examinations. The issues include back disability, psychiatric disability, left knee disability, right knee disability, lymph node disability, and evaluation of a recurrent left ankle sprain.

The Board has remanded the case for further development, including obtaining an opinion on whether the Veteran's obstructive sleep apnea is caused or aggravated by his service-connected disabilities and whether obesity is a substantial factor in causing or aggravating his obstructive sleep apnea.

The Veteran's claims for increased ratings and a total rating based on individual unemployability have been denied. The highest schedular rating of 20% has been assigned for chronic left ankle strain with arthritis, which is the maximum available under VA regulations.

The Board has remanded the claims due to failure to schedule VA examinations and for further development.

The Veteran is granted service connection for chondrosarcoma of the brain and a headache disorder, both related to his military service.,Service connection is also granted for bilateral knee disorder but denied for bilateral ankle disorder.

The Board found that the Veteran's March 2017 substantive appeal was untimely, as it was received nearly one year after the April 2016 Statement of the Case and more than 60 days after the April 2016 SOC. The decision denied the appeal due to lack of timely submission.

The Board has remanded the Veteran's claims for a lumbar spine disability, left knee disability, left ankle disability, and obstructive sleep apnea (OSA) due to insufficient medical opinions provided in prior examinations. The case is being returned for further development.

The Veteran's claims for service connection for various knee, ankle, heel, and peripheral neuropathy conditions have been denied. The claim for heart disorder has been granted under presumptive exposure to herbicide agents in Vietnam.

The Veteran's appeal for reducing his disability rating from 30 percent to 10 percent for left leg and ankle issues has been dismissed because the Veteran withdrew the appeal.

The Veteran's claim for service connection for a bruised skin condition was dismissed. The claims for tinnitus, bilateral hearing loss, right foot condition, left foot condition, and right ankle condition were granted. The claim for headaches is still pending.

The Board has denied the Veteran's claims for service connection for various disabilities, including right shoulder, cervical spine, elbow, wrist, back, hip, ankle, foot, and psychiatric conditions. The decision also notes that the Veteran did not meet the criteria for a total disability based on individual unemployability (TDIU) due to service-connected disabilities.