Ankle decisions — 2023

The Veteran's service-connected conditions, including hemorrhoids and hypertension, were found to not meet the criteria for a compensable rating at any point during the appeal period.,For post-operative arthroscopy with degenerative joint disease of the left ankle, the evidence did not support a disability rating in excess of 10 percent.

The Board has granted a 20 percent evaluation for left ankle lateral collateral ligament strain and right ankle degenerative changes, finding that the evidence is at least in equipoise that these conditions more nearly approximate marked limited motion of the ankles.

The Board has granted service connection for left and right shoulder conditions, back condition, neck condition, left hip condition, right hip condition, left knee condition, and right knee condition. The Veteran's current conditions are found to be related to his military service.,Service connection is also denied for a bilateral hand condition.

The Board has granted service connection for left knee strain, right knee strain, left ankle strain, and right ankle strain. Service connection for intestinal condition (diverticulitis) is also granted.

The Board has decided to remand the claims for increased evaluation of bronchial asthma, service connection for flat feet disability, left ankle disability, plantar fasciitis, and obstructive sleep apnea due to incomplete records and need for updated examinations.

The Board has granted an effective date of May 3, 2012 for the grant of Total Disability Rating Due to Individual Unemployability (TDIU). The appeal is remanded to determine if earlier effective dates are warranted.

The appeal for the claims of service connection for sleep apnea, low back scar, and disorders of the neck and bilateral ankle is dismissed. The appeals for service connection for a bilateral hip disorder, left hip scar, plantar fasciitis, a bilateral shoulder disorder, and right knee disorder are remanded.

The Board has remanded the claims of service connection for various conditions due to a failure to issue a Statement of the Case (SOC) in the initial rating decisions. The Veteran must be provided with an SOC addressing whether new and material evidence has been received sufficient to reopen these claims.

The Veteran's PTSD is granted at a 100% rating from November 16, 2016 to the present. Service connection for cervical spine disorder and undiagnosed illness or MUCMI manifested by joint pain are denied. The Veteran's TDIU claim is also denied.

The Board has remanded the claims of a higher rating for right ankle disability and entitlement to TDIU due to insufficient examination reports and lack of differentiation between service-connected and nonservice-connected conditions.

The Board has remanded the Veteran's claims for high blood pressure, bilateral hearing loss, right ankle disability, and left ankle disability due to inadequate medical opinions regarding the nature and etiology of these conditions.

The Board has remanded the Veteran's claims of service connection for cervical spine disorder, lumbar spine disorder, left ankle disorder, and right ankle disorder due to incomplete development of records.

The Veteran's claim for an earlier effective date for the award of service connection for a right ankle strain is denied because he did not appeal the May 2012 rating decision that initially denied his original claim.,The Veteran's claim for an earlier effective date for the award of service connection for an acquired psychiatric disorder is denied because there was no prior claim or informal claim for this condition before February 10, 2014.

The Veteran's claims for service connection for right wrist and ankle disabilities have been granted. The right wrist sprain is considered a direct result of an in-service injury, while the right ankle lateral collateral ligament sprain is also considered to be directly related to service.

Service connection for PTSD and right ear hearing loss is granted.,Degenerative arthritis of the spine, right knee meniscal tear, right ankle lateral ligament sprain, left ankle lateral ligament sprain, and left ear hearing loss are all remanded for further review.

The Veteran's adjustment disorder with depressed mood is granted a TDIU effective May 10, 2016.,The Veteran's low back strain and degenerative disc disease are granted a TDIU effective May 10, 2016.,The Veteran's radiculopathy of the right lower extremity is granted a TDIU effective May 10, 2016.,The Veteran's radiculopathy of the left lower extremity is granted a TDIU effective May 10, 2016.,The Veteran's peptic ulcer disease with GERD is granted a TDIU effective May 10, 2016.,The Veteran's right knee strain is granted a TDIU effective May 10, 2016.,The Veteran's tendonitis of the right ankle is granted a TDIU effective May 10, 2016.,The Veteran's residuals from injury to the left ankle are granted a TDIU effective May 10, 2016.

The Board has remanded the claims for lumbar spine disability, left ankle disability, chest pain, and right hand disability due to unresolved issues. The psychiatric disorder claim is denied.

The Board has remanded the Veteran's claims for entitlement to service connection for emphysema, COPD, and a right ankle disability due to new evidence received since the final rating decisions.

The Veteran's ankle and knee disabilities are remanded due to insufficient medical opinions addressing the onset of these conditions during active service.,The Veteran's kidney transplant disability is also remanded as there are conflicting opinions regarding its cause.

The Board has remanded the claims for a left knee disability and right ankle disability due to new evidence submitted by the Veteran. The duty to assist error related to missing service records from National Guard service is noted.