Ankle decisions — 2022

The Board has denied an increased rating for a fractured right ankle and remanded the issues of service connection for a bilateral hip disability and TDIU. The Veteran's attorney requested additional medical opinions on these matters.

The Veteran's service-connected disabilities do not meet the criteria for financial assistance in purchasing an automobile or adaptive equipment due to their severity.

The Board has dismissed the appeals for various conditions and issues, including colitis, left varicocele, bowel incontinence, shoulder disability, knee disability, GERD, and right leg disability. Service connection for radiculopathy of the left lower extremity is granted as secondary to service-connected low back disability.

The Board has remanded the cases for further development and examination as there is insufficient evidence to determine if the Veteran's current disabilities are related to his military service.

The Veteran's service-connected painful scars, right hand, right calf, and right ankle were found to not meet the criteria for a rating in excess of 30 percent due to the lack of unstable or painful scars.

The Veteran's muscle injury to the calf muscles is granted as secondary to his service-connected left tibia disability. The initial rating for PTSD is granted at 70 percent, effective November 19, 2007.

The Veteran's appeal for a higher rating for impingement syndrome of the left shoulder with slap tear and degenerative arthritis is dismissed. The right shoulder and right ankle conditions are granted service connection, but further examination is needed for other claimed disabilities.

The Veteran's claims for service connection for a left ankle condition, gastrointestinal disease (including sigmoid diverticulosis), and hypertension have been remanded due to the need for additional medical examinations.

The Veteran's left knee condition is currently rated at 10 percent for limitation of motion and instability, with the instability rating effective from October 22, 2018. The right ankle condition has a current rating of 10 percent.,Both conditions have been denied as there is no evidence to support ratings in excess of the assigned percentages.

The Board has denied the Veteran's claim for a rating in excess of 10 percent for right ankle strain and has remanded the issue of entitlement to TDIU. The decision is binding only with respect to the specific claims decided.

The Board has remanded three issues: service connection for a right ankle disorder, service connection for a lumbar spine disorder (including as secondary to the service-connected left knee disability), and service-connection for radiculopathy of the bilateral lower extremities. The remand is due to incomplete development and need for additional medical opinions.

The Veteran's right ankle disability has been rated at the maximum schedular rating of 20 percent, and no higher. The other claims for scars have also not met the criteria for a compensable rating.

The Board has found pre-decisional duty to assist errors in the VA examinations for bilateral knee conditions and left ankle disability, requiring a remand to rectify prior to adjudication of the Veteran's claims.

The Board has remanded the claims for service connection for right foot, left foot, right ankle, and left ankle disabilities due to a pre-decisional duty to assist error.

The Veteran's bilateral hearing loss disability has been rated at 40 percent since February 14, 2019 to October 23, 2019. The Veteran is not entitled to a higher rating for this condition.,Tinnitus was rated at 10 percent since February 14, 2019 to October 23, 2020. The Veteran is not entitled to a higher rating for tinnitus.

The Board denied service connection for right hip, left hip, and both ankle disabilities due to a lack of evidence showing in-service injury or disease. The current conditions were not shown to be related to service.

The Veteran's service-connected disabilities, including his low back disability and acquired psychiatric condition, have resulted in an inability to secure or follow substantially gainful employment since September 5, 2013. Effective March 15, 2019, the Veteran is individually unemployable due solely to his service-connected acquired psychiatric disability.

The Veteran's tinnitus is granted as service-connected.,New evidence has been submitted to reopen the claims for patellar tenonitis, right knee; left ankle sprain; and gastrointestinal disorder (GERD).,The Veteran's hearing loss claim is remanded due to lack of current bilateral hearing loss disability.,VA treatment records from Dallas VA Medical Center are needed for patellar tenonitis, right knee.,VA examination is required for left ankle sprain.,A medical opinion is needed regarding the pre-existence and aggravation of gastrointestinal disorder (GERD).

The Veteran's degenerative arthritis of the right ankle is granted as service-connected.,The Veteran's bilateral plantar fasciitis, secondary to his right ankle disability, is also granted as service-connected.,The Veteran's degenerative arthritis of the lumbar spine is granted as service-connected.

The Veteran's GERD and left ankle condition are not found to be related to service, with the exception of a possible in-service fall resulting in an ankle injury. The Board finds that the evidence does not support granting service connection for these conditions.