Ankle decisions — 2022

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's bilateral ankle disabilities. The VA examiner found that the left and right ankle disabilities are less likely than not related to service.

The Veteran's left and right ankle disabilities are rated at 10 percent each, excluding the periods of temporary total (100 percent) convalescence ratings. The Board has remanded for further development to determine if higher ratings are warranted.

The Veteran's service-connected disabilities, including unspecified depressive disorder, degenerative disc disease of the lumbar spine, left ankle degenerative arthritis, bilateral lower extremity sciatic radiculopathy, bilateral knee degenerative joint disease, and right ankle strain, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on these service-connected disabilities.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, thus his claim for TDIU is denied.

The Board denied service connection for bilateral hearing loss, tinnitus, right shoulder disorder, bilateral elbow disorder, and bilateral ankle disorder. The Veteran's claims were not granted on a presumptive basis as there was no evidence of chronic conditions in service or within one year after separation from service.,Service connection was also denied for bilateral knee disorder due to the absence of current disability.

The Veteran's claim for SMC prior to December 4, 2014 was denied as his service-connected knee disabilities did not meet the criteria for SMC.

The Board has remanded several issues related to service connection due to insufficient evidence. The Veteran's claims for bilateral knee, left ankle, and right foot disorders are denied as there is no current disability or credible link to his military service. Service connection for lumbar spine disorder, neck disorder, left foot disorder, sleep apnea, and headaches remains pending with additional medical opinions required.

The Veteran's asthma and right ankle sprain status-post surgical repair claims are being remanded for additional examinations to determine the severity of these conditions. Other service connection claims, including those related to infections, mononucleosis, facial injuries, GERD, nausea, neurological disorders, plantar fasciitis, shin splints, bronchitis, conjunctivitis, and pharyngitis are also being remanded for additional examinations and opinions.

The Board denied service connection for various conditions, including neck disorder with headaches, back pain disorder, sleep apnea, residual of right shoulder injury, residual of right hamstring muscle injury, residual of left ankle sprain, and residual of left hip injury. The Veteran's chest pain was not found to be related to service.

The Veteran's appeal is remanded due to the need for additional examinations and treatment records, particularly regarding his right ankle disability. The issues of increased ratings for his right foot and left foot disabilities are also being remanded.

The Board has remanded the cases for further examination and rating due to recent evidence indicating that the Veteran's left knee, bilateral foot (plantar fasciitis and pes planus), and left ankle disabilities have worsened since their last evaluations in 2018 and 2020.

Service connection is granted for left foot plantar fasciitis, pes planus, and a left ankle disability.,The Veteran's pre-existing pes planus was presumed to have been aggravated by service.

The Board denied the Veteran's claim for payment or reimbursement of medical expenses incurred on August 3, 2015, at Providence St. Mary Medical Center due to lack of emergency nature and delay not being hazardous.

The Board has granted service connection for left ankle tendonitis, right ankle tendonitis, status post excision of ganglion cyst of the left foot, and degenerative joint disease of the right wrist. The claims were reopened due to new and material evidence received since the March 2008 denial.

The Board has remanded several claims, including service connection for tinnitus, right knee disorder, left ankle disorder, and a right lower extremity disorder. The Veteran's representative argued that the Veteran should be awarded a rating increase effective January 2017 based on his symptoms of GERD. The Board found a 30% rating is warranted for GERD as of the date of the increased rating claim in January 2018, but not earlier.

The Veteran's claims for increased disability evaluations for left shoulder muscular strain without joint involvement, bilateral plantar fasciitis and pes planus, left ankle laxity, and right ankle laxity are being remanded due to the AOJ's failure to address the Veteran's request to reschedule VA examinations.

The Veteran's claim for service connection for bilateral hearing loss was denied due to lack of new and material evidence.,The Veteran's right ankle disability claim is remanded as the RO failed to consider his request for rescheduling due to homelessness, resulting in a denial without proper consideration of this issue.,The Veteran's acquired psychiatric disorder (polysubstance abuse disorder and depression) claim is remanded as new and material evidence was not considered, and an additional VA examination is needed.,The Veteran's lumbar spine disability claim is remanded for a contemporaneous VA examination to determine the current severity of his condition.,The Veteran's left knee limitation of flexion claim is remanded for a contemporaneous VA examination and determination of whether the effective date should be earlier than April 14, 2015.,The Veteran's left knee osteoarthritis claim is remanded to determine if the severance of the separate rating was proper.

The Veteran's service-connected conditions, including irritable bowel syndrome and acquired psychiatric disorder, have rendered him unable to secure or maintain substantially gainful employment since June 1, 2017. The Board has granted a TDIU rating on an extraschedular basis for this period.

The Veteran's right knee surgical scars are now rated at 20 percent effective March 11, 2021. Service connection is granted for a right ankle disability and a right shoulder disability.

The Veteran's appeal is being remanded for further examination and evaluation due to the need for updated VA treatment records, a more current psychiatric examination, and an assessment of left ankle disability. The Veteran will be provided with a rating in excess of 10 percent for his service-connected left ankle scar, but no higher, based on pain testimony. For his psychiatric disorder and left ankle disability, further evaluation is needed to determine appropriate ratings.