Ankle decisions — 2022

The Board has denied service connection for a left ankle disability and remanded the issue of an initial evaluation in excess of 50% for PTSD. The Veteran's claim for a left ankle disability is not supported by evidence of a current disability, while his PTSD claim requires additional development including obtaining relevant VA employment records.

The Veteran's left ankle disability is currently rated at 10 percent, and the Board has granted a higher rating of 20 percent for the entire period on appeal.

The Veteran's respiratory disability (other than allergic rhinitis) and throat disability have been denied as there is no current evidence of these conditions.,Joint pain, foot disability, gastrointestinal disability, fatigue with light headedness, eye disability, and acquired psychiatric disorder (PTSD and schizophrenia) are all pending further examination and/or opinion.

The Veteran's claims for increased ratings for his service-connected left shoulder strain, left ankle sprain, right knee sprain with patellar dislocation, and lumbosacral strain are being remanded due to the need for additional development.

The Board dismissed the appeals to reopen service connection for tinnitus and a disability manifested by poor circulation in the legs, as the Veteran had died during the appeal process.

The Board denied service connection for right shoulder, left knee, and right knee disabilities due to a lack of evidence linking these conditions to the Veteran's military service.

The Board has granted service connection for the Veteran's left knee, left hip, and left ankle disabilities as secondary to his service-connected degenerative disc disease of the lumbar spine.

The Veteran's claim of service connection for a lung disorder is reopened, and to this extent only, the appeal is granted. Service connection for PTSD, left leg disorder, and left ankle disorder are denied.

The Board denied service connection for left and right foot disabilities, including arthritis and pes planus, as well as left and right ankle disabilities (including equinus), finding no evidence of onset or continuity of symptoms during or within one year after service.

The Board has decided to remand the Veteran's claims for further development due to inadequate rationale provided by a VA examiner in their February 2020 examination. The issues of entitlement to service connection for left and right ankle disorders, left and right foot disorders, a left hand disorder, and residuals, fracture fifth finger right hand are being remanded as the VA examiner did not account for the Veteran's lay statements regarding pain in both ankles and his in-service findings. The issue of entitlement to service connection for residuals, dislocated right shoulder is also being remanded due to inadequate rationale provided by the VA examiner.

The Veteran withdrew his appeal regarding the right ankle lateral collateral ligament strain claim before a decision was made.

The Veteran's right ankle disability has been rated at 20 percent since March 9, 2018. The VA determined that the condition warranted a higher rating based on worsening symptoms and functional limitations.

The Board has remanded the Veteran's claims for service connection due to insufficient consideration of his lay statements regarding in-service injuries and the need for additional medical opinions.

The Veteran's claims for service connection have been reopened, but the Board has not yet determined whether they are well-grounded. The claim of type II diabetes mellitus is granted as new and material evidence was received. The claim of bilateral hearing loss is also granted as new and material evidence was received. However, the claims for an acquired psychiatric disorder (including PTSD and major depressive disorder), a left ankle disability, and bilateral flat feet are remanded due to insufficient evidence. The claim for residuals of TBI has been reopened and granted.

The Veteran's initial claim for a compensable rating for her left ankle lateral collateral ligament sprain prior to June 27, 2017 was granted.,However, the Veteran is not entitled to a rating greater than 10 percent for her left ankle lateral collateral ligament sprain after June 27, 2017.

The Veteran's claims for cardiovascular disability, gastroesophageal reflux disease, arthralgias, and low back disability have been granted. The case is being remanded to obtain additional medical records and conduct further examinations.

The Veteran's appeals for service connection, a higher rating for hypertension, the propriety of a reduction in his left ankle tendonitis evaluation, and a higher rating for right ankle limitation of motion and arthritis with right calf muscle atrophy have all been withdrawn by the Veteran's representative.

The Board has determined that there was not substantial compliance with its January 2022 remand orders and another remand of the issues is necessary.

The Veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful employment from August 31, 2009 to September 12, 2011.

The Board has decided to remand the case due to insufficient evidence for a TDIU prior to October 25, 2012. The Veteran's service-connected disabilities are deemed to have caused unemployability.