Ankle decisions — 2023

The Board has remanded several issues related to the Veteran's service-connected disabilities, including his claim for sleep apnea and increased ratings for various conditions. The Veteran will need to undergo additional examinations to determine the current severity of these conditions.

The Veteran's claims for increased ratings are being remanded due to the need for additional VA examinations and retrospective opinions regarding flare-ups.

The Board has decided to remand the Veteran's claim for a new VA medical opinion to address the etiology of any and all found right ankle disabilities, considering his military service, lay statements, and in-service treatment records. The matter will be returned to the RO for further action.

The Veteran's claims for service connection for chronic fatigue syndrome and restless leg syndrome were denied. The Veteran was granted a 10% rating for tinnitus, but his sleep apnea remains at the 50% level. Other conditions remain denied.

The Board has remanded the Veteran's claims for initial compensable ratings for service-connected right ankle sprain, residuals of bunionectomy to left and right feet due to inadequate examination findings. Additional VA examinations are required.

The Board denied service connection for right ankle, left knee, and right knee disabilities due to a lack of evidence showing these conditions were incurred or aggravated by service.

The Board has remanded the Veteran's claims for service connection for various knee, foot, shoulder, and back disabilities due to incomplete adjudication of his claims. The AOJ is required to provide a supplemental statement of the case (SSOC) addressing these issues.

The Veteran's left ankle disability is currently rated at 20 percent, and the Board has determined that a higher rating is not warranted.

The Veteran's right ankle disability is rated at 30 percent since April 2, 2018. The appeal for a higher rating is denied.

The Board has remanded the Veteran's claims for service connection for left knee and left ankle disorders due to incomplete service treatment records and the need for additional medical examinations.

The Board has granted service connection for right ankle and left foot disabilities manifested by pain, finding that the evidence is at least evenly balanced as to whether these conditions are related to active duty service.

The Veteran has withdrawn his appeal, including the reopening of multiple service connection claims. The Board dismissed the appeal due to the withdrawal.

The Veteran's left ankle disability is currently rated at the highest disability rating under Diagnostic Code 5271 for marked limited motion of the ankle, but does not meet criteria for a higher rating as there is no ankylosis or malunion of the os calcis or astragalus. The Board finds that the maximum schedular rating based on limitation of motion has been assigned.

The Board has remanded several issues related to the Veteran's claims, including service connection for various disabilities and initial rating determinations. The main reasons are due to insufficient evidence or need for further examination.

The Veteran's service-connected disabilities do not prevent him from obtaining or maintaining substantially gainful employment prior to October 1, 2016.

The Board has remanded the Veteran's claims for additional development due to failure to properly notify him of scheduled examinations and obtain etiology opinions.

The Veteran's shin splints are currently rated by analogy under Diagnostic Code 5262, which relates to impairment of the tibia and fibula. The Board finds that an initial 10 percent rating is warranted for each lower extremity as the Veteran has actually painful joints.,To be adequate, VA examination reports must include testing of both, left and right, limbs or joints. Therefore, a remand is necessary to schedule the Veteran for appropriate VA examinations to assess the current severity of his service-connected bilateral ankle disabilities and bilateral pes planus.

The Board denied service connection for right and left foot, ankle, knee, and hip disorders as secondary to the Veteran's service-connected mild lumbosacral strain.

The Veteran's left knee flexion is rated at 10% and extension is non-compensable. The Veteran was granted a 20% rating for left knee instability, but the issue of an initial compensable rating for left knee extension remains denied.

The Board has dismissed the appeals for service connection of left ankle disorder, right ankle disorder, left shoulder disorder, and asthma as they are not related to military service.