Ankle decisions — 2023

The Board has directed the AOJ to schedule a new examination for the Veteran's left ankle disability due to reported worsening symptoms, including cold sensitivity. The TDIU claim is also remanded as it may be related to the outcome of the left ankle rating issue.

The Veteran's back disability is denied as there is no evidence of a chronic in-service condition and no credible continuity of symptomatology.,The Veteran's bilateral ankle disabilities are denied due to lack of current diagnosis and no credible continuity of symptomatology since service.,The Veteran's bilateral foot disabilities are denied because the Veteran did not have any diagnosed foot or ankle conditions during service, and there is no evidence of aggravation in-service.,The Veteran's skin disorder is denied as there is no current diagnosis and no credible continuity of symptomatology.,The Veteran's headaches are denied due to lack of a chronic in-service condition and no credible continuity of symptomatology.,The Veteran's bilateral hearing loss is denied as there is no current diagnosis and no credible continuity of symptomatology.,The Veteran's tinnitus is denied due to lack of a chronic in-service condition and no credible continuity of symptomatology.

The Board has remanded the claims for service connection for left ankle, left knee, and right knee disabilities due to failure to substantially comply with a previous remand directive. The Veteran is seeking service connection for these conditions as secondary to his service-connected chronic right ankle deltoid ligament sprain.

The Board has remanded the claims for hypertension, allergic rhinitis, neck disorder, left shoulder disorder, left elbow disorder, low back disorder, left hip disorder, left knee disorder, and left ankle disorder due to a lack of post-service treatment records. The Veteran is requested to submit or authorize VA to obtain any relevant medical records.

The Veteran's PTSD was granted a 100% rating for the period prior to April 12, 2017. The issue of TDIU for the period prior to February 12, 2016 is dismissed as moot due to his concurrent TDIU award based on PTSD. SMC under 38 U.S.C. § 1114(s) was denied for the period prior to July 27, 2016.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examination opinions and need for additional development, including obtaining MPRs and STRs.

The Veteran's appeal for an increased rating in excess of 60 percent for gouty arthritis of the right elbow, bilateral knees, and bilateral ankles has been dismissed due to his withdrawal.

The Board denied the Veteran's claims for service connection for bilateral ankle conditions, finding that there was no medical evidence linking his current disabilities to his military service.

The Veteran's claim for a rating in excess of 10 percent for chronic bronchitis is denied. The initial ratings for PTSD are granted at 70 percent since July 18, 2013 and the TDIU claim is granted effective July 18, 2013. Other service connection claims are remanded.

The Board has remanded the claims for service connection for various lower extremity and spinal disorders due to inadequate VA medical opinions. The Veteran's lay statements regarding in-service injuries are not addressed, nor is secondary service connection considered.

The Board denied the Veteran's claims for an initial rating in excess of 10 percent for a right ankle disability, a compensable rating for right ankle scars, and TDIU prior to August 16, 2018. The decision was based on the evidence showing moderate limitation of motion with no instability or pain.

The Veteran's claim for service connection for peripapillary atrophy of the right eye was denied due to lack of evidence. The claim for left ankle pain has been reopened and is pending further determination.

The Board has determined that the Veteran does not have any of the claimed disabilities, and thus service connection is denied for all issues on appeal.

The Veteran's bilateral ankle disability, floaters in both eyes as secondary to service-connected bilateral eye lattice degeneration, recurrent left parotid cyst, status-post left inguinal hernia repair, cervical spine disability, and bilateral pes planus have all been denied by the Board.,No compensable ratings were granted for any of these conditions.

The Veteran's appeal is remanded for further development and adjudication due to inconsistencies in the VA examination report regarding range of motion loss.

The Veteran's TMJ dysfunction is rated at 30 percent, but the Board finds no evidence of interincisal range less than or equal to 11-20 mm without dietary restrictions. The left and right ankle disabilities are remanded for further development.

The Veteran's claims of service connection for various disabilities, including left hand and ankle issues, as well as right hand and foot issues, were remanded due to the need for further development. The dental disability claim was also remanded.

The Veteran's right hip osteoarthritis is granted as service-connected, with the cause being an in-service motor vehicle accident.,Service connection for left shoulder and ankle disabilities is denied due to lack of evidence of current disability.,An initial compensable rating for IBS prior to October 29, 2018, and a rating in excess of 30 percent from that date are both denied.

The Veteran's left ankle sprains with DJD are granted a 10 percent rating for the period prior to July 27, 2022 and denied any higher ratings thereafter.,The Veteran's right ankle arthritis is granted a 20 percent rating.,The Veteran's left lower extremity shin splints are granted a non-compensable (0 percent) rating.,The Veteran's right lower extremity shin splints are granted a 10 percent rating for the period prior to June 15, 2022 and denied any higher ratings thereafter.

The Veteran's service-connected disabilities prevented him from securing and following a substantially gainful occupation during the period from June 2, 2008 to July 26, 2021. The Board granted a TDIU for this period.