Ankle decisions — 2023

The Veteran's asthma is granted service connection based on presumptive exposure to burn pits. The gastrointestinal issues, left shoulder condition, left elbow condition, right elbow condition, left wrist condition, right wrist condition, right knee condition, and ankle conditions are remanded for further examination.

The Board found that the withholding of VA disability compensation benefits to recoup separation pay in the amount of $12,814.20 was proper and denied the appeal.

The Veteran's PTSD, sleep apnea, right ankle scar, and knee conditions have been granted. The Veteran is now rated at 10 percent for her right ankle scar.

The Veteran's service-connected bilateral hearing loss is currently rated as noncompensable, and the Board finds no basis to grant a higher evaluation.,PTSD has been assigned an initial evaluation of 70 percent, which is not in excess of what is warranted. The Veteran's PTSD symptoms do not meet or approximate the criteria for a higher evaluation.

The Veteran's claims for service connection for various lower extremity and knee disabilities are being remanded due to incomplete evidence, including outstanding private treatment records from Dr. M.G.

The Veteran's appeal was denied for various conditions, including allergic rhinitis, left ear hearing loss, tinnitus, hernia condition, right ankle and leg disabilities, sinusitis, cervical spine and lumbar spine conditions, chronic heart disease, chronic heart failure, hypertension, and sleep apnea. The appeals were all denied as the evidence did not meet the criteria for a higher rating or service connection.

The Board has found that there was not substantial compliance with its February 2023 remand directives and has therefore ordered additional development, including the provision of addendum VA medical opinions to address the Veteran's claims for service connection for a bilateral ankle condition.

The Board has denied a rating in excess of 10 percent for the Veteran's right foot calcaneal spur and has remanded the case for further development regarding entitlement to TDIU.

The Board has granted service connection for the Veteran's right shoulder, left shoulder, right knee, left knee, right ankle, and left ankle disabilities. Service connection is also granted for his back disability. The claim for service connection of hemorrhoids was remanded.

The Veteran's left ankle disability is currently rated at 20 percent for instability, effective from the date of surgery in August 2018. The Veteran previously received a temporary 100% evaluation due to convalescence and a 10% evaluation prior to August 3, 2018.

The Board has decided that the Veteran's claim of service connection for a left ankle sprain should be remanded due to conflicting evidence regarding its onset and causation.

The Board has remanded multiple issues related to the Veteran's claims for service connection and effective dates, including bilateral hearing loss, collar bone disabilities, hip disabilities, shoulder impingement syndrome, knee conditions, ankle sprains, foot contusions, and elbow scars.

The Board has remanded the cases of service connection for tinnitus, a right foot/right ankle condition, and a skin condition due to potential errors in the duty to assist.

The Veteran's right ankle condition is rated at 10 percent, but the Board finds that it does not meet the criteria for a higher rating.,The Veteran was granted TDIU due to his service-connected disabilities.

The Veteran's appeal for service connection of a right ankle injury is dismissed because it does not meet the criteria under the new AMA framework.

The Veteran's appeal is remanded for further evaluation and consideration of his service-connected conditions, including PTSD, inguinal hernias, rotator cuff injuries, and ankle fractures. The claims are also remanded to determine if new evidence has been received to reopen claims for knee conditions.

The Veteran's TDIU and DEA benefits are granted effective February 24, 2021. The effective date for the TDIU is based on his increased rating for PTSD filed on February 24, 2021.

The Board has withdrawn the claim of service connection for an acquired psychiatric condition and is remanding the claims of service connection for left and right knee conditions, as well as left and right ankle conditions.

The Board has remanded the Veteran's claims for service connection for a heart disorder, left ankle disorder, and right ankle disorder due to incomplete records and need for further development.

The Veteran's right knee and right ankle disabilities have been granted service connection. A temporary total rating based on the need for convalescence from July 23, 2013 to October 1, 2013 has also been granted.