Ankle decisions — 2022

The Veteran withdrew the appeal for the issues of service connection for a right ankle disability and a left ankle disability, which were dismissed.

The Board has dismissed the appeals for an effective date earlier than February 18, 2022 for the grant of a 100 percent rating for coronary artery disease and entitlement to a TDIU due to administrative errors. The Veteran's appeal for a higher rating for left ankle fracture is dismissed.

The Veteran's appeal was dismissed due to his death before the Board could hear his case. The claims for service connection and TDIU are moot as he died during the pendency of these appeals.

The Board has determined that new and relevant evidence has been received to reconsider the Veteran's claims for service connection for various injuries. The claims are now remanded for further review.

The Board has remanded the claims for increased ratings for patellofemoral syndrome of the right knee with dystrophic calcification of the inferior patella, right knee instability, and a right ankle disability due to inadequate VA examinations in denying the claims. The issues are now pending again before the Board.

The Veteran's bilateral knee and left ankle conditions are remanded for further development, including VA examinations to determine the nature and etiology of these disabilities.

The Veteran's left ankle disability is currently rated at 20 percent, effective March 29, 2011. The rating has been increased from a noncompensable rating.

The Veteran's claim for service connection for PTSD is granted. The Board also remanded the claims for service connection for various musculoskeletal and respiratory conditions, including those related to Persian Gulf service.

The Board has dismissed all claims as the appellant died during the pendency of the appeal.

The Board has denied service connection for Chronic Fatigue Syndrome and remanded the issues of service connection for bilateral knee, left ankle, and left shoulder disabilities. The case is now being returned to the AOJ for further development.

The Board has remanded the Veteran's claims for an increased rating for her left tibia-fibula fracture with ankle involvement and TDIU due to the need for a new examination addressing flare-ups, as well as the inappropriateness of denying TDIU based on her employment status.

The Board has remanded the cases of service connection for left knee, right knee, and left ankle disabilities due to incomplete service treatment records from the Veteran's Reserve service period.

The Board has remanded the Veteran's claims for an initial disability rating for his service-connected left ankle degenerative arthritis, service connection for fibromyalgia (claimed as chronic pain syndrome), and a total disability rating based on individual unemployability due to service-connected disabilities.

The Veteran's death was not due to his own willful misconduct, and he had service-connected disabilities rated as totally disabling for a continuous period of at least one year immediately preceding death. However, the Veteran did not meet the criteria for DIC under 38 U.S.C. § 1318 because he was not evaluated by VA as totally disabled for a continuous period of at least 10 years immediately preceding his death.

The claim for service connection for lumbosacral strain was not reopened, and the appeal is denied. The claims for right foot heel spurs, GERD, and twisted left ankle disability are remanded.

The Board has denied the Veteran's claims for service connection for a left ankle condition and granted his claim for service connection for a lower back disorder. The denial of the left ankle condition is based on lack of chronicity in service, no evidence of continuity of symptomatology, and no causal relationship to service. The grant of service connection for the lower back disorder is due to reports of continued lower back pain since service.

The Veteran's unemployability due to his service-connected PTSD and other disabilities has been recognized, leading to the grant of special monthly compensation under 38 U.S.C. § 1114 (s)(1).

The Board has remanded the Veteran's claims for additional development due to issues with contact information and examination scheduling.

The Board has remanded the Veteran's claims of service connection for right knee condition, bilateral flat feet, and right ankle condition due to insufficient medical opinions regarding direct service connection or secondary service connection.

The Board has remanded the case due to incomplete development of evidence, including obtaining VA treatment records and private medical records. The Veteran's claims for service connection are also being remanded for additional examination and opinion regarding his ankle disorders.