Ankle decisions — 2022

The Board has remanded the cases for further development and medical opinions regarding service connection for bilateral hearing loss, left ankle/foot condition, and right ankle/foot condition.

The Board has remanded the case due to insufficient consideration of service treatment records and the Veteran's lay statements regarding her ankle/shin disability. The Veteran is seeking service connection for a bilateral ankle disability, including shin splints, which she claims are related to in-service physical activities and an in-service motor vehicle accident.

The Veteran's petition to reconsider the claims for service connection for tinnitus, bilateral hearing loss, right knee disability, left knee disability, left ankle disability, and right ankle disability is granted. The cases are remanded for further examinations and determinations regarding the etiology of these conditions.

The Board has decided that service connection for a lumbar spine disability is denied, and the left ankle disability issue is remanded due to lack of prior X-ray studies.

The Veteran's claims for service connection for left and right ankle disabilities have been reopened, but the Board has remanded both issues due to a need for further examination.

The Veteran's appeal for an increased initial rating for PTSD and persistent depressive disorder has been withdrawn. The claims of service connection for a bilateral foot disorder, right ankle disability, lumbosacral spine disability, and radiculopathy of the right lower extremity are remanded.

The Veteran's combined schedular evaluation for compensation was 80 percent prior to June 12, 2019, and 90 percent thereafter. The Board finds that remand is warranted for referral to the Director of Compensation Service for extraschedular consideration.

The Veteran's shin splints are granted a separate 10 percent disability rating from May 11, 2016. His right ankle lateral collateral ligament sprain is denied as the evidence does not support a higher rating.

The Board has remanded the claims for service connection for chronic joint pains, bursitis of the right wrist, chondromalacia of the left and right knee, and left ankle strain. The Veteran's psychiatric disorder (claimed as memory loss) is also being remanded.

The Board has remanded the claims for service connection due to incomplete records and need for further development, including obtaining additional private treatment records.

The Veteran's claim for service connection for bilateral foot arthritis has been reopened and granted. Service connection is also granted for lumbar spine degenerative joint disease.,Initial ratings of 20 percent are assigned for right ankle disability (including instability) and left ankle disability (including instability). Separate ratings of at least 10 percent are assigned for right knee status post meniscectomy and right knee instability.

The Veteran's right ankle disability was granted an evaluation of 30 percent from July 7, 2008 to December 7, 2012.

The Board has remanded the Veteran's claims for service connection of left hip, right ankle, and bilateral knee disabilities due to insufficient evidence in the record. The Veteran testified that his current disabilities began during active service while performing boxing activities and drills.

The Veteran's tinnitus, left foot callouses, and right foot callouses have been granted service connection. The low back disability has also been reopened for further review.,Service connection is established for arthritis of the ankles, but not for the left wrist or knee.

The Veteran's right ankle disability is rated at 10 percent, and the Board has determined that a higher rating is not warranted based on the evidence.

The Board has decided to remand several issues related to the Veteran's service connection claims due to new evidence added since the last decision. The Veteran will need a VA examination for his bilateral plantar fasciitis and an addendum opinion regarding his right ankle condition.

The Veteran's service-connected bilateral knee, right ankle, left ankle, and lumbar spondylosis disabilities have rendered him unable to secure or follow substantially gainful employment since June 1, 2014. The Board has granted a TDIU rating for this period.

The Veteran is seeking increased initial ratings for service-connected IBS, right ankle disability, and thoracolumbar spine disabilities. The May 2003 rating decision establishing these conditions did not become final due to the submission of a notice of disagreement within one year, thus revision on CUE cannot be granted.

The Veteran's dyshydrosis dorsal of the bilateral feet and ankles was found to not meet the criteria for a compensable rating under the current VA rating criteria.

The Board has remanded the case due to failure to comply with the Court's October 2020 Memorandum Decision, which found that VA did not fulfill its duty to assist by failing to obtain the Veteran's complete service treatment records. Specifically, it was noted that the records may be relevant to determining the appropriate level of disability of the Veteran's ankle.