Ankle decisions — 2023

The Board has determined that additional development is needed to determine the etiology of the Veteran's claimed bilateral ankle, knee, and low back disorders. The case will be returned for further development.

The Veteran's service-connected disabilities are sufficient to meet the threshold requirement for entitlement to a program of vocational rehabilitation. However, he did not meet the second requirement as his service-connected and nonservice-connected disabilities have been overcome by his extensive education, practical work experience, and transferrable skills.

The Veteran's left ankle sprain and asthma have been granted service connection.,Initial disability ratings for right knee patellofemoral syndrome with shin splints and left knee patellofemoral syndrome with shin splints were denied.

The Board has determined that further development is necessary before the Veteran's claims can be adjudicated. The missing records are of particular importance as they may clarify the cause of the Veteran's diffuse musculoskeletal pain, and the outstanding National Guard and SSA records may contain evidence relevant to the pending claims.

The Board has granted service connection for the Veteran's left ankle, right ankle, left knee, right knee, right hip, left hip, thoracolumbar spine disorder (previously claimed as a spinal injury), and cervical spine disorder (previously claimed as a spinal injury).

The Board has granted service connection for bilateral plantar fasciitis, a left knee disability, and a left ankle disability. The claim for a sleep disorder (OSA) is remanded due to the need for an addendum opinion regarding its etiology.

The Board denied service connection for residuals of a left ankle disability, finding that the evidence is against a finding that the Veteran has an ankle disability related to his military service.

The Board denied service connection for sleep apnea and an increased rating for fracture of left ankle with degenerative joint disease, finding that the evidence did not support a direct relationship to service.

The Board has granted the Veteran's claim for service connection for hypertension under the PACT Act, which entitles the Veteran to an effective date of August 10, 2022. The Board has also remanded the issues regarding bilateral ankle disability, bilateral knee disability, and low back condition as they relate to obesity as an intermediate step.

The Veteran's left ankle disability was developed during service and is considered a current disability. The Board found that the Veteran's left ankle pain constitutes a current disability, as it is productive of functional impairment. Therefore, the claim for service connection for the left ankle disability is granted.

All issues related to service connection have been either granted in full or finally denied by the Board without subsequent appeal.

The Board has dismissed the claim for service connection for insomnia as it is considered a symptom of the Veteran's already service-connected psychiatric disorder. The issue of evaluating the right ankle disorder was remanded, and thus the decision on this aspect remains pending.

The Veteran's right ankle disability was restored to a 20 percent rating, but the issue of entitlement to a higher rating than 20 percent for the period from September 1, 2017, excluding March 19, 2019, to July 1, 2019 (temporary total evaluation) is remanded.

The Board has remanded the case due to conflicting findings regarding the Veteran's right and left ankle disabilities, including a diagnosis of bilateral lateral collateral ligament sprain (chronic/recurrent) and bilateral ankle strain. The Board requested an addendum opinion from the examiner who provided the November 2022 medical report.

The Board has granted service connection for right ankle and right foot disabilities manifested by pain, finding that the evidence is approximately evenly balanced as to whether these conditions began during active service.

The Veteran's knee and ankle conditions are being remanded for a new VA examination to determine if they are related to his service-connected bilateral flat foot with plantar fasciitis.

The Veteran's claims for effective dates prior to January 10, 2014 for service connection were denied as the claims were not timely filed or supported by new and material evidence.,The Veteran's claims for increased disability ratings were remanded due to inadequate examination findings.

The Board has determined that the development conducted does not comply with prior remand directives and has therefore ordered additional VA examinations to address the nature and etiology of the Veteran's claimed knee and ankle disabilities.

The Veteran's right ankle disability is granted a 20% evaluation starting from August 2, 2018. Prior to that date, the disability was rated at 10%. The decision does not address service connection theory or exposure basis.

The Veteran's service-connected major depressive disorder is granted an increased rating to 100 percent effective April 3, 2017. The other claims are denied as new and material evidence has not been received.