Ankle decisions — 2022

The Veteran's service connection claims for a groin disorder and low back disorder were granted. The left shoulder, hip, and ankle disorders were denied.

The Veteran's right ankle disability, characterized by chronic sprain and degenerative arthritis, has been rated at 20 percent since the initial rating decision. The Board found that it more nearly approximated a severe limitation of motion.

The Veteran's TDIU was granted effective July 31, 2020. The appellant is eligible to receive attorney fees based on past-due benefits awarded in the October 2020 rating decision.

The Veteran's service-connected back disability, bilateral lower extremity radiculopathy, and left ankle disability cause incapacity requiring aid and assistance on a regular basis. SMC due to the need for Aid and Attendance (A & A) is granted, but the claim of entitlement to SMC at the housebound rate is denied. SAH and SHA are also denied.

The Board has determined that the Veteran does not have a current right ankle disability or left knee arthritis related to service. The claims for right knee and cervical spine disabilities are remanded for further examination and opinion.

The Board has remanded the Veteran's claims for service connection for right ankle disorder, left ankle disorder, coronary artery disease, and hypertension due to inadequate opinions regarding their etiology.

The Board has remanded the claims for service connection for a bilateral shoulder condition, left ankle condition, and peripheral edema due to lack of substantial compliance with previous remand directives.

The Veteran's service-connected conditions did not render her unemployable, and she was employed on a full-time basis prior to January 3, 2016. Effective January 4, 2016, the Veteran is granted SMC based on need for aid and attendance.

The Veteran's lumbar spine disability is granted a 40% rating, but not higher. The left ankle and great toe disabilities are denied ratings in excess of the current 20% and 10%, respectively. Service connection for glaucoma is remanded. Other issues on appeal are also remanded.

The Veteran is unable to secure and follow substantially gainful employment due to his service-connected disabilities, including chronic adjustment disorder with alcohol use disorder, right foot disability, left foot disability, right ankle disability, left ankle disability, GERD, and left foot scar. The Board has granted entitlement to a total disability rating based on individual unemployability (TDIU).

The Veteran's left knee disability has not more closely approximated the criteria for a higher rating during the appeal period.,Prior to November 8, 2013, the Veteran's left ankle disability did not meet the criteria for an initial rating in excess of 10 percent. From November 8, 2013 onwards, the Veteran's left ankle disability more closely approximated marked limitation of motion and warrants a maximum schedular rating of 20 percent.

The Board has denied service connection for hernia disorder, bilateral hearing loss, left ankle disorder, right ankle disorder, and right knee disorder. The Veteran's claim for service connection of a psychiatric disorder is remanded.,Service connection was not granted for the claimed conditions as there is no evidence of in-service injury or disease that could be linked to these disorders.

The Board has determined that the VA contract examiner's opinions are inadequate and internally inconsistent, necessitating further examination and opinion to determine the nature and etiology of the Veteran's claimed disabilities.

The Board has decided to remand the case for further development and opinion regarding service connection for a left ankle disability. The Veteran's lay statements, as well as his service records, indicate he had an ankle injury during service. He also testified that after returning home from deployment, his ankle began swelling and causing pain. A VA examiner is needed to determine if this current disability is related to service or due to the service-connected right hallux rigidus with metatarsophalangeal joint degenerative changes and/or right calcaneal heel spur disabilities.

The Veteran's ventral hernia was not proximately caused by VA care, nor does it constitute an event not reasonably foreseeable.,The Veteran's bilateral ankle disorder did not begin during service and is not related to his active-duty service.

The Board has remanded the cases due to inadequate development and lack of substantial compliance with previous directives. The Veteran's obstructive sleep apnea and bilateral ankle disabilities are being reviewed again for proper etiology opinions.

The Board has granted service connection for tinnitus, bilateral knee disorders (right and left), and bilateral ankle disorders (left and right). The conditions are related to the Veteran's military service.

The Veteran withdrew his appeals on the issues of increased ratings for degenerative arthritis of the lumbar spine and post traumatic degenerative joint disease of the right ankle, as well as service connection for tinnitus.

The Board has granted service connection for left knee, right ankle, left ankle, right shin, and left shin disabilities based on the Veteran's credible reports of in-service injuries and medical opinions linking these conditions to his military service.

The Veteran's claim for service connection for dyspnea was denied as it is not related to his service-connected PTSD.,The Veteran withdrew his appeal for left ankle strain and shoulder strain.