Ankle decisions — 2023

The Board has decided to remand the case due to incomplete records and need for further verification of the Veteran's service connection claim.

The Board has found that additional evidence submitted after the May 2019 SOC warrants remand for further review by the AOJ. The Veteran's claims for service connection are being returned to the AOJ for consideration of this new evidence.

The Veteran's initial 40 percent rating for left ankle sprain with degenerative joint disease, instability, and restricted inversion and eversion is granted prior to October 19, 2017. Effective from October 19, 2017, due to the application of the amputation rule, higher or additional ratings are denied.

The reduction in rating for the left ankle disability from 20% to 10% was not proper, and thus the original 20% rating is restored. The increased rating claim for a left ankle disability remains pending.

The Veteran's bilateral hearing loss does not meet the criteria for service connection as her auditory thresholds do not exceed the threshold established by applicable laws and regulations for hearing loss for VA purposes.,The Veteran's current diagnoses of left ankle arthritis and right ankle tendonitis are less likely than not related to her service-connected left knee disability. The Board finds the August 2020 VA examination highly probative in this regard.,Service connection is denied as there is no evidence that the bilateral ankle disorders are due to or aggravated by the Veteran's service-connected left knee disability.

The Board has decided to remand the case due to inadequate medical opinions and the need for additional evidence. The Veteran's left ankle disability is being reviewed again as part of this process.

The Veteran's initial ratings for left and right knee chondromalacia have been granted at 10 percent. Separate 10 percent ratings have also been granted for left and right knee instability. Service connection has been remanded for several conditions, including shoulder disorders, ankle disorder, foot onychomycosis, TBI residuals, and PTSD.

The Board has granted service connection for a left ankle disability, obstructive sleep apnea (OSA), and hypertension. The Veteran's current disabilities are found to be related to his in-service injuries and conditions.,Service connection is established for the following conditions: left ankle disability, OSA, and hypertension.

The Veteran's stress fractures of the left and right tibia, as well as his knee and ankle conditions, have been granted increased ratings. Service connection has also been established for these conditions.

The Board has remanded the case due to new evidence being added to the record. The Veteran's left ankle disability claim will be reviewed again.

The Board has dismissed the appeal for service connection for COPD. The Veteran's claims for service connection for a cardiac disorder, left knee disorder, and left ankle disorder are denied. The claim for an increased disability rating in excess of 30 percent for major depressive disorder is remanded.

The Board has decided to remand the case due to inadequate VA medical opinions and failure to address certain terms used in assessing disability ratings.

The Veteran's right ankle disability is rated as 10 percent disabling. The Board has remanded the issues of service connection for back disability, left hip degenerative arthritis, and right hip degenerative arthritis due to lack of adequate VA examination. The TDIU claim from December 1, 2017, is also remanded.

The Board denied service connection for various conditions including psychiatric disorders, hip disabilities, shoulder and knee disabilities, ankle disabilities, foot disabilities, cervical spine disability, lumbar spine disability, radiculopathy of upper and lower extremities, and sleep apnea due to lack of current diagnoses or evidence linking these conditions to the appellant's military service.

The Board denied the Veteran's claim for service connection of a right foot and ankle disorder, finding no current disability.

The Board has granted service connection for right shoulder disability, left ankle disability, and bilateral hearing loss. The claims were reopened due to new evidence provided since the July 2013 rating decision.

The Veteran's claims of entitlement to service connection for an acquired psychiatric disorder, right ankle disorder, and right hip disorder were denied in a final rating decision. New evidence has been received that supports reopening these claims.

The Board has remanded the Veteran's claims for left ankle and left wrist disabilities due to inadequate medical opinions in previous VA examinations. The Veteran contends his current conditions are related to service, but the VA examiners found no evidence of a direct connection.

The Veteran's appeals for increased ratings and service connection were denied. His right knee disability, characterized as a torn medial meniscus, was not rated higher than 10 percent. His back disability, characterized as degenerative arthritis of the spine, also did not warrant an increase beyond 10 percent. Service connection was denied for bilateral upper extremity peripheral neuropathy, bilateral lower extremity peripheral neuropathy, and sleep condition.

The Veteran's service-connected disabilities did not preclude him from securing and following a substantially gainful occupation prior to July 6, 2015. The Board has remanded several issues for further development.