Ankle decisions — 2023

The Board has determined that the VA examinations and opinions are inadequate for adjudicative purposes, necessitating a remand to obtain new medical opinions addressing the etiology of the Veteran's right ankle disorders.

The Veteran's right ankle disability has been rated at 10 percent since the effective date of service connection. The Board found that there is no evidence of marked limitation of motion, which would warrant a higher rating.

The Board denied service connection for hearing loss and right ankle disability as there is no persuasive evidence of current disabilities or a causal relationship to service.

The Board has dismissed the appeal due to a withdrawal request from the Veteran's authorized representative.

The Board has determined that the Veteran's right ankle disability, right hip disability, peripheral vestibular disorder, diverticulitis, migraine headache disorder, and obstructive sleep apnea are proximately caused by his service-connected disabilities.

The Veteran's appeal is being remanded due to his failure to report for VA examinations and the need for additional medical opinions regarding various service connection claims.

The Veteran's appeal is remanded due to inadequate consideration of the evidence regarding his left ankle disability, specifically during flare-ups and with repeated use over time.

The Veteran's service-connected disabilities (including right ankle ankylosis, pseudofolliculitis barbae, and tinnitus) rendered him unable to obtain substantially gainful employment prior to March 16, 2017. The Board granted a TDIU on an extraschedular basis for this period.

The Board has decided to remand the case due to the need for a new VA examination to assess the current severity of the Veteran's service-connected right ankle condition.

The Board has remanded several issues related to the Veteran's service-connected right foot and ankle disabilities, including a request for increased ratings and an effective date prior to May 3, 2016. The case is also being remanded to consider whether entitlement to TDIU should be granted.

The Board has determined that the VA examinations provided for each condition were inadequate and remanded for additional development.,The Veteran's service records contain numerous complaints of ankle, knee, and foot pain. She underwent VA examinations in July 2020 where diagnoses of bilateral tibia stress fracture, bilateral ankle strain, and bilateral plantar fasciitis were found.

The Board has remanded the Veteran's claims for increased ratings and service connection, finding that additional evidence is needed to determine if his right ankle sprain and associated plantar fasciitis are related to his military service.

The Veteran's claims for right and left knee disabilities, as well as right ankle and hip disabilities have been reopened due to the submission of new evidence.,Service connection has been granted for right and left knee disabilities.

The Board has granted service connection for left knee and ankle disabilities as secondary to the Veteran's right ankle disability, and for insomnia as aggravated by his tinnitus.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's left ankle disability existed prior to service and if it is related to service.

The Veteran's claims for service connection for a left ankle disability and chronic otitis externa are granted. The claim for service connection for a left knee disability is remanded.

The Veteran's petition to reopen his claim for service connection for bilateral hearing loss is granted. The Board finds that new and material evidence has been submitted since the prior final January 2016 rating decision, raising a reasonable possibility of substantiating the claim. However, the claims for service connection for left ankle disability, left shoulder disability (other than bicipital tendonitis), and athlete's foot are remanded due to outstanding VA treatment records and need for a VA Gulf War examination.

The Veteran's request for a rating in excess of 40 percent for his left ankle disability with acquired deformity of the medial and lateral left malleolus status post injury and reconstruction surgery is denied. The current 40 percent rating is considered the maximum schedular rating that may be assigned.

The Board has remanded the claims for service connection, initial rating of knee strain, and SMC due to need for aid and attendance or being housebound. The Veteran's claim for service connection is based on aggravation of a pre-existing condition.

The Board denied service connection for various conditions, including residuals of traumatic brain injury, left shoulder osteoarthritis, bilateral ankle condition, nephrolithiasis (due to herbicide exposure), bilateral knee osteoarthritis, lumbar spine degenerative joint disease, BLE sciatica, hypertension, and diverticulosis. The Veteran did not have these conditions at the time of service or within one year after discharge.