Ankle decisions — 2022

The Board has remanded the Veteran's claims for bilateral hearing loss, left-hand disability, right-hand disability, left ankle disability, left knee disability, and left foot disability due to inadequate VA examinations and missing non-VA medical records. The claims are being returned to the AOJ for further action.

The Board has determined that a remand is necessary for the Veteran's claims of entitlement to an initial rating in excess of 10 percent for right foot strain, service connection for right ankle disability (including as secondary to the service-connected right foot strain), and service connection for bilateral hearing loss. The claims are being remanded due to inadequate examinations and failure to address functional loss during flare-ups and with repeated use over time.

The Board dismissed the appeal for service connection of a right ankle disability due to the Veteran's withdrawal before the decision was made.

The Board has remanded the claims for service connection due to insufficient opinions regarding the Veteran's neck disorder, right shoulder disorder, and left ankle disorder. The claims are being returned for further development.

The Veteran's claims for increased ratings for his left and right ankle sprains have been denied as the evidence does not show marked limitation of motion, with dorsiflexion or plantar flexion less than 5 degrees in either ankle.

The Veteran's hiatal hernia and gastroesophageal reflux disease were not granted an increased rating as they did not meet the criteria for a higher evaluation.,Service connection was denied for right knee strain, left knee strain, and right ankle condition due to lack of evidence linking these conditions to service.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and opinions. The issues of service connection for Tourette's syndrome, left ankle fracture as secondary to Meniere's syndrome with peripheral vestibular disorder, trigeminal neuralgia (face), thoracic syringomyelia (back), cervical spine disability, left hip disability, and right hip disability are being considered.

The Board has remanded the Veteran's claims of service connection for right shoulder, right knee, left knee, right ankle, and left ankle conditions due to a lack of evidence regarding in-service vaccinations or injuries. The case is returned to the RO for further development.

The Veteran's right ankle and Achilles tendon disability, coronary artery disease, and epididymitis with bilateral orchalgia and left spermatocele have been granted service connection. The Veteran's claim for a higher rating for his epididymitis has been denied.

The Board has decided that the Veteran's right ankle disability is not service-connected, and has remanded the left shoulder disability for further development.

The Board has denied service connection for a left shoulder disability and granted service connection for bilateral arthralgia of the ankles. The right hip disability issue is being remanded.

The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent prior to July 10, 2020, and a rating in excess of 20 percent thereafter, for his service-connected left ankle disability due to inadequate examination findings.

The Board has reopened the Veteran's claims for service connection for various conditions, including TBI, respiratory condition, skin condition, back condition, bilateral knee and ankle conditions, and pes planus. The claims are being remanded due to the need for additional examinations.

The Veteran's service-connected disabilities rendered him unable to secure and maintain substantially gainful employment from October 1, 2017, to December 17, 2021. Since then, his combined rating is 100%, making the TDIU claim moot.

The Veteran's left ankle disability, which is rated as degenerative arthritis, has been granted a rating of 20 percent since January 22, 2015. The Board found that the Veteran experienced marked limitation in range of motion throughout the appellate period.

The Veteran's left cubital tunnel syndrome is granted as service connected. The extension of the temporary total disability rating for left knee degenerative joint disease under 38 C.F.R. § 4.30 until January 31, 2007, is also granted.

The Board has granted a 20 percent disability rating for the right ankle disability from December 16, 2008. The Veteran's symptoms of stiffness and severe painful limitation of motion have been found to approximate marked limitation of motion in the right ankle, including on weight bearing.

The Board has determined that additional development is needed for the Veteran's claims of service connection for left ankle and left pinky injuries. The case will be returned to the Board after completion of this development.

The Board has remanded the Veteran's claims for additional development to obtain medical opinions regarding his cervical spine disability, right and left ankle disabilities, and foot disabilities. The issues of entitlement to service connection for these conditions are now before the Board.

The Board has decided that the Veteran's claim for service connection for sleep apnea, as secondary to his service-connected disabilities, should be remanded due to insufficient opinions regarding whether his weight gain and obesity are caused or aggravated by his service-connected conditions.