Ankle decisions — 2023

The Board has remanded the case due to incomplete service treatment records and the need for a VA examination to determine if any current left ankle disorder is related to military service.

The Board has remanded the cases of rating for status-post right ankle avulsion fracture and TDIU due to additional evidence being added to the record since the July 2020 Supplemental Statement of the Case.

The Veteran's service-connected conditions did not meet the schedular criteria for a TDIU prior to May 8, 2019. From May 8, 2019 to May 31, 2022, his combined rating was 40%, which does not meet the schedular requirements for a TDIU.

The Veteran's right knee and right ankle disabilities have been granted a 20 percent rating, but no higher. The decision is based on the current symptoms and limitations of motion.

The Board has remanded the cases for further development and readjudication due to procedural issues, including the improper use of a form for filing an appeal.

The Board denied service connection for left and right hip disorders as secondary to the Veteran's service-connected total abdominal hysterectomy and right ankle disability.,The Board also denied service connection for a low back disorder as secondary to her service-connected total abdominal hysterectomy and endometriosis.

The Veteran's claims for left thumb cut and infection, bilateral eye disorder, and nose disorder (broken nose) have been dismissed without prejudice. The nose disorder has been granted service connection.,Claims for bilateral hearing loss, tinnitus, right ankle disorder, and hypertension are being remanded.

The Board has remanded the Veteran's claims for increased ratings and service connection due to incomplete examinations, new evidence needed, and potential aggravation of existing disabilities.

The Veteran's initial rating for left ankle disorder and scar residual of pruritis subcutaneous nodules was denied. The case is remanded due to the need for further evaluation.

The Board dismissed the appeal of the ankle disability as it was granted in a previous decision. The right shoulder and cervical spine disabilities were granted service connection.

The Veteran's appeals for earlier effective dates for service connection and ratings have been denied.,Specifically, the Board found that no earlier effective date could be granted due to a July 6, 2017 auto-generated 'intent to file' form which did not preserve an effective date of July 6, 2017.

The Board has remanded the Veteran's claims for service connection for various knee, shin splint, and ankle disabilities due to incomplete VA treatment records and inadequate prior examinations. The case will be returned to the Board after additional evidence is obtained.

The Veteran's right ankle disability, characterized by moderate to marked limitation of motion, was denied for ratings in excess of 10 percent prior to September 27, 2022 and in excess of 20 percent thereafter.

The Veteran's claim for a higher rating for major depressive disorder was denied as his symptoms did not meet the criteria for a rating in excess of 70 percent.,Service connection for a left ankle condition was denied due to lack of evidence linking the condition to service or an injury incurred therein.,The Veteran's claim for TDIU was dismissed as he withdrew his request.

The Board has determined that the VA's carelessness, negligence, or lack of proper skill in providing post-surgical treatment for the Veteran's left leg and ankle condition proximately caused additional disabilities. The case is being remanded to allow for a thorough review of the medical records and an appropriate clinician's opinion.

The Veteran's GERD is granted a 10 percent rating, and his residuals of bilateral ankle sprain are denied an initial compensable rating.

The Board has remanded the Veteran's claims for increased ratings for left ankle disorder and right foot plantar wart with calluses due to a lack of recent VA treatment records. The Veteran is requested to provide assistance in obtaining these records.

The Board denied the Veteran's claim for service connection for a right ankle disability, finding no evidence of arthritis during or within one year after service and insufficient medical opinion to establish a link between current symptoms and service.

The Veteran's MDD is granted a rating of 70 percent, effective April 5, 2018. The Veteran's TDIU claim for the entire period on appeal is also granted.

The Board denied the Veteran's claims for service connection for a right ankle disability, an initial rating greater than 10 percent for right knee patellofemoral syndrome, and an initial rating greater than 10 percent for left ankle sprain.,The evidence did not support finding that any of these conditions were incurred or aggravated by military service.