Ankle decisions — 2022

The Veteran's right ankle disability is currently rated at 10 percent, but the Board found that it does not meet the criteria for a higher rating due to functional loss and lack of marked limitation of motion.

The Veteran's claims for service connection have been dismissed as he has withdrawn his appeals for the left eye, right wrist, right foot, and left foot conditions. The remaining issues of service connection for left elbow disability, right knee disability, and left ankle disability are remanded for further development.

The Board has granted a 20 percent rating for the left ankle hairline fracture and a separate 10 percent rating for associated instability, both under the old criteria as they applied at the time of the decision. The new criteria do not change these ratings.

The Veteran's request for an extension of a temporary total rating after his RIGHT knee surgery is denied. The issues of increased rating and secondary service connection are remanded.

The Veteran withdrew her appeals for all issues, including service connection for sleep apnea and increased ratings for various conditions. The appeal is dismissed.

The Board has granted the reopening of the Veteran's claims for service connection for tinnitus and remanded the issues regarding vertigo, bilateral pes planus, right shoulder disorder, asthma, left knee arthralgia, and right ankle condition. The case is being sent back to the agency of original jurisdiction (AOJ) for further action.

The Veteran's residuals of a right thumb fracture are granted as service-connected. The claims for the right foot disorder, right ankle condition, and right hand disorder (other than the right thumb fracture) are remanded.

The Veteran's claim for an earlier effective date of service connection for a left ankle disability was denied as there is no evidence of clear and unmistakable error in the July 1972 rating decision.

The Board has withdrawn the appeal for an earlier effective date for service connection of a low back condition and has remanded several rating claims related to knee and ankle conditions.

The Board has remanded the Veteran's claims for additional development due to new evidence and outstanding records. The issues of service connection, special monthly compensation (SMC), and education benefits are being deferred until the service connection issues are resolved.

The Veteran's claims for an increased rating for a right ankle disability and service connection for a lower back condition are being remanded due to the need for additional development, including scheduling VA examinations.

The appeal for service connection for a disability of the low back is dismissed.,The appeal for service connection for a disability of the bilateral ankles is dismissed.

The Board has remanded the Veteran's claims for additional development due to incomplete examinations and failure to address critical evaluation criteria.

The Veteran's respiratory condition appeal has been withdrawn. The Board finds that the Veteran does not have a current diagnosis of bilateral ankle or knee disabilities related to service, and remands for further examination.

The Veteran's petition to reopen the previously denied claim of service connection for bilateral hearing loss is denied.,The Board has remanded the issues of entitlement to service connection for diabetes mellitus type II (DM II), whether the reduction in rating was proper, and entitlement to an increased rating for residuals, right ankle subtalar dislocation with arthritis 1st metatarsophalangeal joint.

The Veteran's claim for bilateral hearing loss is denied as there is no evidence of current hearing loss.,The Veteran's appendectomy scar does not meet the criteria for a compensable disability rating under VA regulations.,The Veteran's TBI, PTSD, and related conditions are remanded due to missing service treatment records.,The Veteran's lumbosacral strain and thoracic/lumbar spine arthritis, cervical spine disability, tinnitus, fibromyalgia, migraine headaches, chronic fatigue syndrome (CFS), and psychiatric disorder are all remanded for further development.,The Veteran's right foot disability, left foot disability, right ankle disability, and left ankle disability are also remanded due to missing service treatment records.

The Board has remanded the case due to insufficient medical evidence to determine if the Veteran's left ankle surgery in December 2020 was related to any of his service-connected disabilities, specifically those associated with his lower extremities.

The Veteran's right ankle and right wrist disorders have been rated at the lowest available evaluation (10%) for the entire period on appeal. The Board found that the evidence did not support a higher rating based on functional loss due to pain or instability.

The Veteran's left ankle disability is currently rated at 30 percent, and the Board has determined that a higher rating of 40 percent is warranted under revised criteria. However, the most recent VA examination did not show ankylosis or nonunion of the tibia or fibula, which are necessary for a higher rating. The Veteran's symptoms have increased in severity since the last examination, and further medical evaluation is needed to determine if these symptoms warrant a 40 percent rating.

The Board has remanded the claims for service connection for right and left knee disabilities, as well as right and left ankle disabilities due to issues with the timeliness of a RAMP election in January 2019. The Veteran will be able to opt into the AMA upon receipt of an SSOC produced after completing the remand actions.