Ankle decisions — 2023

The Veteran's right lower extremity deep vein thrombosis and disseminated coagulation of the right leg are rated at 60 percent, reflecting persistent edema or subcutaneous induration, stasis pigmentation or eczema, and persistent ulceration. The Veteran's right ankle disorder is rated at 20 percent.

The Veteran's claims for increased ratings for his right Achilles tendon repair, right ankle instability, and right ankle scar have been denied. The current rating of 20 percent for the right Achilles tendon repair is maintained.

The Board has granted service connection for the left ankle disability as secondary to a service-connected left foot disability, resolving reasonable doubt in favor of the Veteran.

The Veteran's service connection claims for rhinitis, sinusitis, cervical strain, left ankle arthritis, gastroesophageal reflux disease (GERD), and bilateral foot hallux valgus and rigidus have been granted. However, the effective dates for GERD, left foot hallux valgus and rigidus, and right foot hallux valgus and rigidus are denied as they were not filed within one year of separation from service.,The Veteran's claim for angina was denied.

The Veteran's appeal for a disability rating in excess of 40 percent for his service-connected right ankle disability was denied, and he is granted TDIU from May 5, 2008.

The Veteran's left ankle sprain and degenerative arthritis of the lumbar spine are now rated at their maximum schedular ratings, with a 20% rating for the right ankle posttraumatic arthritis. The decision grants these ratings throughout the appeal period.

The Board has remanded the cases for further development and clarification of opinions regarding the severity of the Veteran's service-connected left ankle, left foot, and right foot disabilities. The issues include higher extraschedular ratings, a separate compensable rating, and TDIU prior to April 4, 2017.

The Veteran's claims for increased ratings of his right ankle, right hip, and left hip disabilities have been granted. The rating for the right ankle disability remains at 10 percent.

The Board has remanded the claims for service connection due to pre-decisional duty to assist errors, including obtaining updated examinations and records. The Veteran's claim for an acquired psychiatric disorder was denied as he does not have a current diagnosis of any such condition. The other issues on appeal are being remanded for further examination.

The appeal for an initial rating in excess of 10 percent for tinnitus is dismissed.,The petition to reopen the previously denied claim for right ear hearing loss is denied.,The effective date prior to November 18, 2015, for service connection for left knee strain with patellofemoral arthritis and chondromalacia patella is denied.,Service connection for degenerative disc disease of the lumbar spine and thoracic cord injury at T11 to T12 with radiculopathy is granted.,Service connection for degenerative joint disease of the left ankle is granted.,Service connection for degenerative joint disease of the right ankle is granted.

The Board has granted service connection for arthritis of the right shoulder, left shoulder, right hand, left hand, right hip, left hip, right knee, left knee, right ankle, and left ankle joints.

The Veteran's appeal for a higher disability rating for her service-connected right ankle disability is remanded due to inadequate examination reports that did not comply with the requirements of Sharp v. Shulkin and Correia v. McDonald.

The Board has decided to remand the case due to a lack of VA examination and medical opinion, which is necessary to determine if the Veteran's left ankle condition is related to her military service.

The Board has remanded the claims of entitlement to service connection for left and right ankle disabilities due to a duty to assist error.

The Board has remanded the Veteran's claims for service connection for right ankle sprain, right knee strain, and sinusitis due to duty-to-assist errors in obtaining STRs related to his claimed conditions.

The Veteran's claim for increased ratings for various conditions, including lumbar spine degenerative arthritis with IVDS, spinal stenosis, and spondylolisthesis, S/P lumbar fusion, left ankle sprain and closed fracture of lateral malleolus, right ankle sprain, hyperhidrosis, and anal sphincter weakness with episodes of incontinence, was denied. The appeal for increased ratings is dismissed.

The Board has remanded the Veteran's claims for service connection due to new evidence submitted since the most recent Supplemental Statement of the Case (SSOC). The issues will be reconsidered by the agency of original jurisdiction (AOJ) with consideration of this additional evidence.

The Board has remanded the Veteran's claims for service connection due to incomplete records and need for further development, including VA examinations.

The Board has remanded the Veteran's claims for further development due to inadequate VA examinations and opinions regarding his claimed disabilities.

The Board has denied service connection for right ankle disability, left ankle disability, hearing loss, tinnitus, hypercholesterolemia, and hypertension. The Board found no current disabilities for the right or left ankles, hearing loss, or tinnitus, and concluded that there was insufficient evidence to establish a nexus between any of these conditions and service.