Ankle decisions — 2022

The Board has determined that further evidentiary development is necessary to determine the appropriate rating for the Veteran's service-connected right ankle disability. The claim will be remanded for additional development.

The Veteran's right ankle sprain is currently rated at 10 percent, and the Board has remanded the case for further development to consider if a higher rating or TDIU is warranted.

The Veteran's service connection for hypothyroidism and left ankle tendon rupture status post-surgical fusion has been granted. Additionally, the Veteran is now eligible for a total disability rating based on individual unemployability due to his service-connected disabilities.

The Board has remanded the claim for service connection of sleep apnea due to inadequate opinions regarding its etiology. The Veteran's period of service and lay reports are considered in determining whether there is a relationship between his current condition and military service.

The Veteran's claim for service connection for a sleep condition is denied as the evidence does not support a separate diagnosis of a sleep condition. The Board finds that his symptoms are related to his already service-connected PTSD.,The Veteran's claims for service connection for heart and peripheral edema conditions have been reopened but remain denied due to lack of new and material evidence.

The Board has granted service connection for the Veteran's right foot disorder, but denied his claims for total left hip arthroplasty, bilateral knee degenerative changes, and bilateral ankle disorders. The right foot disorder is found to be due to an in-service injury.

The Veteran's service-connected right ankle disability is currently rated at 10 percent, but the Board finds that it does not meet the criteria for a higher evaluation due to lack of marked limitation of motion.

The Veteran's appeal has been dismissed for the following conditions: prostate disability, urethra disability, bilateral eye disability, right ankle disability, residuals of surgery, left shoulder disability, and right hand disability. The remaining issues have been remanded.

The Board denied the Veteran's claim for a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities, finding that his service-connected conditions did not render him unable to secure and follow substantially gainful employment.

The Veteran's claims for service connection are remanded due to the need for additional examinations and medical opinions regarding his disabilities. The issues of entitlement to an initial disability rating in excess of 50 percent for unspecified depressive disorder with secondary other substance abuse disorder, service connection for a lumbar spine disability, bilateral wrist disability, bilateral hand disability, bilateral hip disability, bilateral knee disability, bilateral ankle disability, and diabetes mellitus, type II are all remanded.

The Veteran's sinusitis was granted service connection. The Board found that the Veteran's character of discharge for the period from January 2005 to October 2008 should be remanded, as well as his claims for psychiatric disorders, cervical spine disorder, lumbar spine disorder, sacroiliac weakness, bilateral knee disorder, bilateral leg shin splints, bilateral ankle disorder, bilateral hammertoes, bilateral foot disorder, hypertensive heart disease, high blood pressure, emphysema, COPD, bronchiectasis, sleep apnea, maxilla oral surgery scarring, tooth loss and periodontal disease, skin cancer, facial scarring, and hemorrhoids.

The Veteran's service-connected disabilities, including PTSD, back disability, bilateral ankle disability, and bilateral lower extremity radiculopathy, have rendered him unable to secure or maintain substantially gainful employment from June 8, 2011, to March 17, 2015.

The Veteran's appeal is remanded for further development due to issues related to his right and left knee patellofemoral pain syndrome, as well as his right ankle disability. No new rating has been assigned yet.

The Board has decided to remand the case due to a lack of compliance with previous remand directives and to provide the Veteran with a VA examination that complies with relevant case law.

The Board denied the Veteran's claims of service connection for a lumbar spine disability, testicular pain secondary to the lumbar spine disability, and left ankle disability. The Board found that there was no evidence of an in-service injury or disease related to these conditions.

The Board has remanded the Veteran's claims for right ankle and right knee disabilities due to insufficient evidence, including failure to discuss functional loss during flare-ups and range of motion testing. A new examination is required.

The Board has granted service connection for degenerative joint disease of the left ankle, but denied service connection for a patellar bone spur of the left knee.

The Board has remanded the claims for further development due to inadequate prior examinations and failure to consider certain factors in the rating decisions.

The Veteran's service-connected disabilities prevented him from securing or following substantially gainful employment prior to April 11, 2019. Effective April 11, 2019, the Veteran is entitled to TDIU based solely on his left ankle disability and SMC for aid and attendance due to his service-connected left ankle disability.

The Board has remanded the Veteran's claims for service connection for right ankle and right knee disabilities due to insufficient examination opinions addressing the Veteran's contentions of continuous pain since service.