Ankle decisions — 2023

The Veteran's right hand index finger disability is granted a 10 percent rating. The Veteran's thoracolumbar spine disability is granted a 20 percent rating from December 1, 2015 to April 25, 2017 and denied any higher rating thereafter. The Veteran's tension headaches are granted the highest available schedular rating of 30 percent. The Veteran's cervical spine disability is denied any higher rating. The Veteran's service-connected digestive conditions are denied any higher rating. The Veteran's left ankle disability is denied any higher rating.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the issue of entitlement to service connection for right ankle disability, to include as secondary to left ankle disability. The AOJ needs to verify the Veteran's periods of service and obtain a medical opinion regarding the nature and etiology of his right ankle disability.

The Veteran's claims for service connection for various conditions, including PTSD, right shoulder and ankle disabilities, and hypertension, were denied. The Board found no evidence of current diagnoses or in-service incurrence of these conditions.

The Veteran's claim for an increased evaluation in excess of 20 percent for residuals of fracture, left proximal tibia with varus deformity and degenerative changes of the knee and ankle was denied as his condition did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining outstanding VA treatment records and conducting adequate VA examinations.

The Veteran's appeal is remanded for further development to obtain medical records and conduct examinations to assess the severity of his service-connected psychiatric disability, lumbar spine, right shoulder, right wrist, and right knee disabilities. Additionally, he must be examined to determine the nature and etiology of any left knee, right ankle, left ankle, and respiratory disabilities.

The Board has determined that the VA examinations did not fully consider the Veteran's lay statements regarding his symptoms and history. Therefore, the issues of service connection for torn tendons in both ankles, lower back condition, and left knee condition are being remanded to obtain a new examination.

The Board has determined that the Veteran's May 2019 VA Form 10182 constitutes a valid and timely legacy appeal for service connection for left ankle disability, OSA, TMJ, an acquired psychiatric disorder, and a headache disability. The case is REMANDED to issue a Statement of the Case on these issues.

The Veteran's right ankle condition has worsened, and a new examination is needed to determine the current severity of his disability.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and medical opinions.

The Veteran was previously denied TDIU prior to January 1, 2018 due to his employment at the U.S. Postal Service.,From January 1, 2018, the Board granted TDIU based on the Veteran's service-connected disabilities preventing him from securing or maintaining substantially gainful employment.

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The Board has denied service connection for right hand, left hand, and headache disabilities. The remaining issues of service connection are remanded due to insufficient evidence.

The Board has remanded the claims for service connection for left and right ankle disabilities due to inadequate opinions based on inaccurate factual premises. A new opinion is required considering in-service complaints, treatment records, and post-service symptoms.

The Board has determined that new and significant evidence has been added to the claims file since the last Supplemental Statement of the Case (SSOC) issued in June 2019. The Veteran's service-connected disabilities may affect his ability to work, which is considered part of the TDIU claim. Therefore, all issues are remanded for further review.

The Board has remanded the claims for service connection for a right hip disorder and a right ankle disorder due to insufficient evidence.,Further examination is needed to determine if these disorders are related to service.

The Board has granted service connection for right hip bursitis and a right ankle injury, finding that both conditions began during active service.

The Board has remanded the claims for lumbar strain, right and left knee patellofemoral syndrome, and right and left ankle strains due to inconsistencies in the May 2019 VA examination reports regarding flare-ups and range of motion loss.

The Board denied service connection for a left leg disorder and a left ankle disorder, finding that the Veteran's symptoms are part of her already established service-connected disabilities.,Eligibility for financial assistance in purchasing an automobile or adaptive equipment was also denied due to lack of qualifying disability.

The Board has denied service connection for a right ankle condition and left ankle condition. The right foot condition is currently diagnosed but the issue remains pending as it requires further examination and opinion.