Ankle decisions — 2023

The Veteran's claims for earlier effective dates for service connection and SMC have been remanded due to the submission of a timely Notice of Disagreement (NOD) under the legacy system, which has now been accepted by the Board.

The Veteran's claims for service connection for various conditions, including a bilateral foot disorder, ankle disorder, headaches, and psychiatric disorder are remanded due to duty-to-assist errors. The AOJ must schedule VA examinations for the Veteran's claimed conditions and adjudicate his TDIU claim on the merits.

The Board has remanded the case due to inadequate medical opinion and a need for further examination.

The Board has granted an initial rating of 20 percent for right ankle sprain with degenerative arthritis, finding that the Veteran's symptoms most nearly approximate marked limitation of motion.

The appeals for service connection of various conditions have been denied as no new and relevant evidence has been received to support the claims. The appeal for bilateral feet disabilities is being remanded due to inadequate examination.

The Board has dismissed all service connection claims for various lower and upper extremity radiculopathies due to the Veteran's death during the appeal process.

The Board has decided to remand the Veteran's claims for service connection of left and right ankle disabilities due to a lack of an opinion regarding secondary service connection.

The Board has determined that service connection is not warranted for viral hepatitis, right knee disability, right ankle disability, asthma, or cervical spine disability. The claims are being remanded to obtain additional medical opinions and examinations.

The Board has decided to remand all the Veteran's claims due to incomplete service treatment records and requests for new examinations or medical opinions.

The Board has remanded the claims for service connection for a right ankle disorder, headache disorder, left ankle disorder, and neck disorder due to new evidence received since the last final denial.

The Board has remanded the cases due to inadequate VA examination and opinion regarding the Veteran's claimed bilateral ankle injuries. A new VA medical opinion is needed to determine if there are any current diagnoses of ankle conditions or if the Veteran's pain constitutes a disability.

The Board has determined that additional development is needed to obtain missing service treatment records and verify the Veteran's military service. The Veteran's left knee disability will also be examined by a VA examiner.

The Veteran's service connection claims for various conditions, including peripheral neuropathy and hip disorders, have been denied as there is no separate and distinct diagnosis of these conditions.,Additional VA examinations are needed to determine the nature and etiology of the Veteran's bilateral ankle disorder, groin rash, bone disorder, and toenail disorder.

The Veteran's claims for an initial evaluation in excess of 10 percent for left ankle degenerative arthritis, prior to August 6, 2021, and in excess of 20 percent thereafter, and service connection for a disability manifested by chronic pain are remanded due to incomplete development.

The Board has remanded the case due to an inadequate VA examination, and a new examination is required to determine if the Veteran's left ankle strain is secondary to his service-connected right ankle disability.

The Veteran's service-connected disabilities, including PTSD, right ankle disability, pelvic inflammatory disease, hypertension, and right ankle scars, have caused her to be in need of regular aid and attendance. The Board has granted SMC based on the need for aid and attendance.

The Veteran's claim for service connection for bilateral hearing loss is denied as he does not meet the criteria for a current disability.,Service connection has been granted for tinnitus, with the presumption of service connection due to its chronic nature and continuity of symptoms since service.

The Board has granted service connection for a right ankle disability and secondary service connection for depression. The right ankle disability is found to be related to the Veteran's active service, while his depression is found to be at least as likely as not caused by his service-connected right ankle disability.

The Veteran's service-connected obstructive sleep apnea is granted. The right knee strain, left knee strain, and right ankle strain are all granted with a rating of 30 percent each. Other claims are remanded.

The Veteran's claims for service connection and increased ratings have been dismissed as the Veteran withdrew his appeals.