Ankle decisions — 2023

The Veteran's left knee disability is granted as secondary to his service-connected right knee disability. The issues of service connection for a right hand disability and sinusitis are remanded.

The Veteran's claim for service connection of a left ankle disability was denied due to lack of evidence linking the current condition to his military service. The right shoulder disability ratings were also denied as there is no evidence showing that the current conditions meet or exceed the required criteria for higher ratings.

The Veteran's right ankle disability is rated at a 30 percent rating, effective from August 1, 2023. The decision also granted entitlement to a total disability rating based on individual unemployability.

The Board has remanded the claims for service connection for a psychiatric disorder, left knee disability, and right ankle disability due to new evidence and need for additional examination.

The Board has remanded the claims for service connection due to insufficient development regarding environmental exposures and a lack of adequate medical opinions.

The Veteran's lumbar spine disability is granted service connection. The appeals for right thigh, right knee, and sleep disabilities are dismissed due to withdrawal of the appeal. The right ankle disability appeal is remanded.

The Board has determined that additional evidence has been added to the record and requests a remand for further review of these claims. The Veteran's service connection claims for various conditions are being returned to the agency of original jurisdiction (AOJ) for consideration.

The Board denied a rating in excess of 10 percent for residuals of a right wrist scaphoid fracture and denied service connection for a right ankle disorder. The Veteran's right wrist disability was not found to warrant an increased rating, and there was no evidence of a current right ankle disorder other than the already service-connected Achilles rupture.

The Veteran's service-connected disabilities are not of sufficient severity to produce unemployability, and the Board finds that she is not unable to secure or follow a substantially gainful occupation due solely to her service-connected conditions.

The Board has remanded several issues related to service connection for various conditions, effective date determinations, and other claims due to procedural defects in the initial rating decision.

The appeal concerning service connection for obstructive sleep apnea is dismissed. The Veteran's left ankle sprain, hypertension, headaches, gastritis, and thyroid condition are all granted with the appropriate ratings.

The Board denied compensation under 38 U.S.C. 1151 for left femur, knee, ankle, hip, and fibula disabilities due to lack of evidence showing the VA treatment was careless, negligent, or lacking in proper skill.

The Veteran's appeals regarding his claims for service connection for bilateral hearing loss, and whether new and material evidence has been received in order to reopen claims of entitlement to service connection for right shoulder, left shoulder, right ankle, and left ankle disorders are dismissed due to procedural errors.

The Veteran's claims for increased evaluations and TDIU are being remanded due to the need for updated VA examinations to assess the current severity of her service-connected disabilities.

The Board has granted service connection for right pinky fracture residuals and scar, but the claims for bilateral hearing loss, left ankle disability, left knee disability, and right knee disability are remanded due to insufficient evidence.

A 30 percent rating for GERD is granted. The claim for a higher rating for rhinitis prior to January 8, 2020 and until May 3, 2023 is dismissed. Service connection for bilateral hearing loss is denied. Higher ratings are granted for right knee meniscal tear/patellar chondromalacia, right thigh strain (limitation of extension), and right thigh strain (limitation of flexion). The claims for service connection regarding left ankle condition, right ankle condition, and left thigh strain are remanded.

The Veteran's claim for service connection and increased ratings were granted. Service connection was established for right lower sciatic radiculopathy, but not for other conditions due to lack of evidence supporting exposure to toxic substances. Increased ratings were denied for right ear hearing loss, left knee anterior cruciate ligament partial tear, left knee instability, right fibula fracture (claimed as right ankle condition), and degenerative arthritis of the spine.

The Veteran's right ankle disability is rated at 10 percent, and the Board finds no evidence of marked symptomatology or limitation of motion to warrant a higher rating.

The Board has remanded the case due to incomplete records and the need for a SOC. The Veteran's right ankle disability is still under review.

The Veteran's claims for increased ratings were denied. The right knee sprain and right ankle sprain conditions are rated at the lowest possible levels, with no higher ratings granted.