Ankle decisions — 2022

The Veteran's lumbar strain with degenerative joint disease was rated at 20 percent prior to July 9, 2021 and at 40 percent thereafter. The right ankle condition was rated at 10 percent prior to October 3, 2017 and at 30 percent from March 1, 2018. The Veteran's chronic bronchitis with asthma was rated at 10 percent prior to July 9, 2021 and at 30 percent from July 9, 2021 to January 30, 2022.,The Board denied the claims for increased disability ratings as the evidence did not meet the criteria for higher ratings under the applicable rating criteria.

The Board denied the Veteran's claims for service connection for his left knee condition, finding that there was no evidence of a nexus between his current left knee condition and his military service or any service-connected disability.

The Veteran withdrew his claims for an evaluation higher than 10 percent for a right knee strain and an evaluation higher than 10 percent for a status post right ankle strain and fracture, resulting in the dismissal of these appeals.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's left ankle condition. The Veteran is required to provide a new opinion from an appropriate examiner.

The Veteran's application to reopen his claims for service connection for headaches, left ankle disability, right ankle disability, and low back disability has been granted.,The Board is remanding the cases of headaches, left ankle disability, and right ankle disability for further development.

The Veteran's left ankle fracture residuals are currently rated at 20 percent, but the Board has determined that a higher rating is not warranted based on the evidence of record.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.

The Veteran's claims for service connection for various knee, back, shoulder, ankle, foot, hip, fibromyalgia, acid reflux with nausea, erectile dysfunction, and chronic fatigue syndrome have been denied as new and relevant evidence has not been presented to support these claims.,Specifically, the Board found that there is no medical evidence linking any of these conditions to service or any other related factors.

The Board has granted service connection for the right-ankle condition but has remanded the claim for the right-knee condition due to insufficient evidence.

The Board has decided to remand the cases for further development due to insufficient examination and medical opinions regarding the Veteran's bilateral ankle conditions, including during flare-ups. The TDIU claim is also inextricably intertwined with these issues.

The Board has remanded the case due to inadequate medical opinions regarding whether the Veteran's bilateral ankle disabilities are secondary to his service-connected varicose veins.

The Veteran's right and left ankle disabilities are currently rated at 20 percent each, effective from the date of the remand order.,Both ankles have been found to exhibit marked limitation of motion due to swelling, instability, chronic pain, functional loss, and flare-ups.

The Board has remanded the cases for further development and consideration, including a new examination to assess the severity of the left ankle disability and information about the Veteran's work history for TDIU.

The Veteran's service-connected disabilities have been shown to preclude substantially gainful employment for the period from January 24, 2009, to August 12, 2020. The Board has granted a TDIU on an extraschedular basis during this period.

The Veteran's back disability is rated at 40 percent effective December 13, 2011. A rating in excess of 40 percent for the period prior to December 11, 2019, was dismissed. The Veteran's right lower extremity neuropathy has been granted a 20 percent rating since September 24, 2020. Service connection for bilateral pes planus is denied as it did not occur within one year of service. Chronic sinusitis and right ear hearing loss are presumed to be related to military service. The Veteran's left hip, right hip, left knee, right knee, and left ankle disabilities were all denied. Bronchitis was granted effective August 10, 2022 (PACT Act). TDIU is granted effective November 20, 2012.

The Board has remanded the Veteran's claims for left ankle disability and lumbar spine disability due to additional development being needed.,The Board has also remanded the Veteran's claim for neurological disorder (restless leg syndrome) and OSA as secondary to service-connected PTSD with alcohol use disorder, depressive disorder, and unspecified anxiety disorder due to additional development being needed.,,

The Veteran's sleep apnea is not service-connected as it did not begin during active service and there is no evidence of a nexus to an in-service injury or disease.,Service connection for irritable bowel syndrome (IBS) is granted as the disability was shown as chronic during a presumptive period and is not attributable to intercurrent causes.,The Veteran's hemorrhoids are not service-connected as he has not had them at any time during or approximate to the pendency of the claim.,Service connection for left knee disability, right knee disability, acid reflux disability, low back disability, left hip disability (secondary to a low back disability), and right hip disability (secondary to a low back disability) is remanded as there are inextricably intertwined issues with pes planus that need further clarification.,Service connection for pes planus is remanded as the examiner must provide an opinion on whether it was worsened beyond its natural progression during service.

The Board has remanded the Veteran's claims for service connection for various joint disabilities due to outstanding private treatment records and SSA records not being available.

The Veteran's appeal for an increased rating for a left ankle disability and TDIU was denied. The Board found that the evidence did not support a higher rating for the left ankle disability, as it only met moderate limitation of motion criteria. For TDIU, the Veteran's service-connected disabilities (left knee instability, left knee chondromalacia patella, and left ankle disability) precluded him from securing or following substantially gainful employment.

The Board has decided to remand the claims for service connection for left shoulder and left ankle disabilities due to incomplete records and need for additional medical opinions.