Ankle decisions — 2023

The Board has determined that additional development is needed for the Veteran's claims, including obtaining private treatment records and conducting comprehensive VA examinations to assess the severity of his service-connected disabilities.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include sleep apnea, left foot sprain, left ankle disability, and patellofemoral pain syndrome of the left knee.

The Board has remanded the claims for increased ratings for left foot, ankle tendonitis, and anterior tibial nerve entrapment due to new evidence of worsening symptoms. The Veteran's service-connected conditions are currently rated at noncompensable, 10 percent, and 30 percent respectively.

The Veteran's right ankle neuralgia and sprain are granted service connection, but the rating for his right ankle disability is denied as it does not meet the criteria for a higher rating. The Veteran's TDIU claim is also denied.

The Board denied the Veteran's claim for service connection for a left ankle disorder, finding that there was no evidence of chronicity in service or within one year after separation, and that the current diagnosis is not related to his military service.

The Veteran's service-connected disabilities, including PTSD and right ankle conditions, did not prevent him from securing or following substantially gainful employment. The Board denied the claim for TDIU as his combined rating was at least 70% throughout the appeal period.

The Veteran's claims for service connection for various conditions, including headaches and bilateral eye condition, are denied as there is no objective evidence of current disabilities. The Board finds that the Veteran's tinnitus is less likely than not caused by military noise exposure.

The Board has determined that the Veteran's appeal should be re-docketed under the Legacy system and his February 2019 VA Form 10182 is accepted as a timely NOD for the issues on appeal. The issues will be readjudicated, and if adverse to the Veteran, he will be given an opportunity to perfect his appeal by filing a VA Form 9.

The Board has granted service connection for a right ankle disability and denied service connection for left ankle disability and bilateral hearing loss. The decision is based on the Veteran's reported symptoms during service and lack of contemporaneous medical records.

The Board has dismissed the appeal for a compensable disability rating for the service-connected left ankle scar due to the death of the appellant.

The Veteran's claims for service connection were denied, and the Board found no new or material evidence to reopen these claims. The Veteran was granted service connection for bilateral hearing loss but denied for all other conditions.

The Veteran and his representative have withdrawn their appeals regarding the rating for the gunshot wound, left foot muscle group XI, and Individual Unemployability (TDIU). As a result, these issues are dismissed.

The Board has remanded the claims of service connection for an eye disability, left elbow disability, lumbar spine disability, and bilateral ankle disabilities due to a failure to properly notify the Veteran in accordance with 38 C.F.R. § 3.159(c)(2).

The Board granted initial ratings of 10% for right and left ankle disabilities, and a 20% rating for low back disability during the entire period on appeal.

The Board has granted the Veteran's claim for specially adapted housing and restored his disability ratings for left knee instability and right knee instability. The decision is based on the Veteran's service-connected disabilities that preclude locomotion due to multiple orthopedic and neurological conditions.

The Board has decided to remand the case for additional development due to outstanding medical records and further examination.

The Board denied the Veteran's claim for service connection for a right ankle disorder due to lack of current disability and no recent diagnosis prior to her filing of the claim.

The Board has denied the claims for service connection for dry eye syndrome and a left ankle condition, finding no current diagnosis of these conditions. The claim for bilateral hearing loss was also denied.

The Board dismissed the appeal because the Veteran did not want to pursue an increase in his right ankle disability rating, and the issue of service connection for a right foot disorder was referred to the AOJ.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including ratings for various knee conditions and other musculoskeletal disorders. The Veteran is required to provide additional medical records from private providers that have been scanned into VISTA imaging system.