Ankle decisions — 2022

The Veteran's claims for service connection have been remanded due to the need for additional examinations and development of records.

The Veteran's service-connected residuals of fractured right tibia are granted a 30 percent disability rating, effective June 3, 2013. The Veteran is also granted TDIU effective April 26, 2019.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding his periods of active duty, inactive duty training (IDT), and active duty for training (ADT). The VA will need to verify these dates and obtain any relevant military records.

The Veteran's reduction of the disability rating for status post Lisfranc fracture with arthritic changes, possible nonunions at the second, third, and fourth metatarsals, and chronic right ankle sprain was not proper. The 40 percent rating from January 1, 2017, is restored.

The Board has determined that the claims for compensation under 38 U.S.C. § 1151 and service connection are remanded due to insufficient evidence, including a lack of VA examination and treatment records.

The Board has granted a temporary total rating for MDD, but dismissed the appeal. The Veteran's right ankle and tinnitus claims are remanded due to missing SSA records.

The Board denied the Veteran's claim for a higher rating for his service-connected right ankle disability, finding no evidence of ankylosis or functional equivalent thereof.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and need for additional evidence. The issues include back disability, right leg sciatica, left leg sciatica, right shoulder disability, left shoulder disability, left hip disability, right knee disability, left knee disability, right ankle disability, and left ankle disability.

The Veteran's service-connected conditions, including major depressive disorder and orthopedic disabilities, render him unable to secure or follow a substantially gainful occupation. The Board has granted the TDIU on schedular basis as he meets the criteria for one disability rated 60% or more and at least one disability rated at 40% or more with sufficient additional disability.

The Board has remanded the case due to a failure of proper notification and examination for left ankle and left foot disabilities, including secondary service connection.

The appeal of the issue of service connection for a left ankle fracture is dismissed because the grant of service connection for a left ankle open reduction and internal fixation of distal tibia fracture and distal fibula fracture renders this specific issue moot.

The Veteran's claims for service connection have been granted for left foot plantar fasciitis, left ankle tendonitis, and right lower extremity radiculopathy. The remaining issues are remanded due to the need for additional evidence.

The Board has found that the VA examination conducted in May 2022 was inadequate and remanded for a new examination. The Veteran did not appear for the scheduled examination, and there is no documentation of written notification having been sent to him.

The Board has remanded the Veteran's claims for increased rating and TDIU due to prostate cancer, as well as his claim for bilateral hip, knee, and ankle swelling and pain. The Veteran is seeking a higher rating for his service-connected prostate cancer and also wishes to establish service connection for lower extremity conditions that he believes are related to his prostate surgery.

The Veteran's claims for service connection for left radial nerve and increased rating for left ankle disability have been dismissed due to a failure to submit proper Notice of Disagreement or VA Form 10182. The claim regarding whether a timely Notice of Disagreement was received for the evaluation of the left ankle has also been dismissed.

The Board has denied the Veteran's claim for service connection for a left ankle disability, finding that there is no evidence of chronicity or continuity of symptomatology since service and concluding that the current condition is not related to an in-service injury.

The Veteran's claims for right and left ankle disabilities have been remanded due to the need for additional medical opinions.,The Board found that a new VA examination is necessary to determine the nature and etiology of the Veteran's claimed ankle disabilities.

The Board denied service connection for right ankle, bilateral knees, and neck conditions as well as migraine headaches. The Veteran's claims were based on his belief that these conditions resulted from injuries sustained during active service.,There is no evidence in the STRs of any complaints or treatment related to these conditions.

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

The Board has remanded the cases of entitlement to service connection for a left ankle disability and a right knee disability due to inadequate medical opinions in previous VA examinations. The case is now pending again with new evidence required.