Ankle decisions — 2023

The Veteran's claim for an increased rating of his service-connected left fibula fracture and degenerative arthritis of the ankle is being remanded due to factual disputes regarding the severity of his disability prior to February 17, 2015.

The Board denied the Veteran's claim for service connection of a left ankle disability, finding no current diagnosis and insufficient evidence to link any past injury or condition.

The Board has decided to remand the case due to insufficient development regarding the Veteran's employment history and its impact on his ability to obtain and maintain substantially gainful employment. The Veteran will need to provide or authorize VA to obtain relevant treatment records, complete a VA Form 21-8940, and any Vocational Rehabilitation records.

The Board found that the Veteran's service-connected disabilities do not prevent him from obtaining and retaining substantially gainful employment, thus denying his claim for TDIU.

The Board has remanded the Veteran's claims for left ankle degenerative joint disease, right ankle disability, and nonservice-connected pension benefits due to incomplete or insufficient evidence. The claims are being returned for further development.

The Board denied the Veteran's claim for service connection for right ankle degenerative arthritis, finding that his current condition did not manifest during active service or within one year of active service and was less likely related to his in-service injury.

The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions and lack of examination in some cases. The claims are now pending for further review.

The Board has remanded the cases due to insufficient medical opinions regarding the etiology of the Veteran's back and left foot or ankle disabilities. The claims are also remanded for a new VA examination.

The Board has determined that further development is necessary before the Veteran's claims can be adjudicated due to incomplete medical records and inadequate opinions. The claims for tinnitus, left-hand disability, right ankle disability, and cervical spine disability are all remanded.

The Veteran's right and left ankle disabilities, as well as his PTSD, are granted with initial ratings of 20 percent each. The issues of service connection for hearing loss, neck disability, and radiculopathy in the upper extremities have been remanded.

The Board has determined that a remand is necessary to obtain an opinion regarding the etiology of the Veteran's left ankle disability, including whether it is related to service or secondary to his service-connected right knee disability.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for bilateral hearing loss. The claims for service connection for lumbar spine, left foot, left knee, and right ankle disabilities are remanded due to insufficient medical opinions.

The Veteran's service connection claim for a left hip disability has been reopened, and the rating reductions from 20 percent to 10 percent effective August 1, 2017 for right and left lower extremity radiculopathy were found improper. The 20 percent ratings are restored.,The Veteran's TDIU claim is granted, subject to further development on remand issues.

The Veteran's claim for service connection for a chronic sleep disability is denied.,Service connection and increased ratings for thoracolumbar spine strain with degenerative changes at L5-S1, cervical spine strain with C5-6 spondylosis, left ankle lateral collateral ligament sprain, and tinea versicolor with tinea pedis are also denied.,The Veteran's claim for a compensable rating for left ankle lateral collateral ligament sprain is denied.,Service connection and increased ratings for tinea versicolor with tinea pedis are denied.

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151, finding that VA did not cause his additional disability and there was no evidence of negligence or fault on VA's part.

The Board has remanded the claims for bilateral hearing loss, tinnitus, and ankle disabilities due to incomplete documentation of attempts to schedule the Veteran for examinations. The Veteran's service records indicate prior hearing loss in his left ear that existed before service.

The Veteran's right ankle disability is currently rated at 20 percent disabling effective May 28, 2010. The Board has granted a higher rating of 20 percent for the period prior to January 20, 2021.

The Board granted a 30 percent disability rating for the Veteran's left ankle degenerative arthritis with ankylosis, effective from February 9, 2016.

The Board has remanded the Veteran's claims for additional development and readjudication due to incomplete records, including Reserve service records and Walter Reed Army Medical Center records. The Veteran's sleep apnea claim will be remanded for a new examination and opinion considering her lay statements about snoring during active duty. Her bilateral ankle disability claim will also be remanded for new opinions on direct service connection, secondary service connection, and aggravation.

The Veteran's lumbar spine condition has been granted service connection. The Board also found that the Veteran's bilateral hip, leg, and foot conditions are related to his now service-connected lumbar spine condition.