Ankle decisions — 2023

The Veteran's asthma is granted service connection under the PACT Act, while other conditions are remanded for further examination and opinion.

The Board has remanded the claims for service connection due to lack of new and material evidence for a left eardrum disability. The other issues are being remanded as well.

The Board has remanded the Veteran's claims for service connection for a left ankle disability and sleep apnea due to incomplete VA assistance in obtaining relevant medical records, particularly from the Methodist Hospital in Dallas, Texas. The Veteran is also required to provide authorization for VA to obtain her private treatment records.

The Board has remanded the claims for service connection for neck, back, left knee, right, and left ankle disorders due to additional development being necessary.

The Board denied the Veteran's claims for service connection for a left ankle disability, as well as increased ratings for his right ankle and chronic bilateral maxillary sinusitis disabilities.,There is no evidence that the Veteran experienced any disability related to his claimed left ankle condition prior to his death.

The Veteran's claim for increased rating of other specified trauma- and stressor-related disorder was denied as the increase in disability did not occur within one year prior to September 20, 2016.,The Veteran's claim for increased rating of migraine headaches was denied as the increase in disability did not occur within one year prior to September 20, 2016.,The Veteran's claim for increased rating of left ankle lateral collateral ligament sprain was denied as the increase in disability did not occur within one year prior to September 27, 2019.,The Veteran's claim for increased rating of left knee strain was denied as the increase in disability did not occur within one year prior to November 5, 2020.,The Veteran's claim for increased rating of right knee strain was denied as the increase in disability did not occur within one year prior to November 5, 2020.,The Veteran's claim for increased rating of cervical strain with intervertebral disc syndrome (IVDS) was denied as the increase in disability did not occur within one year prior to September 27, 2019.,The Veteran's claim for increased rating of right upper extremity radiculopathy was denied as the increase in disability did not occur within one year prior to September 27, 2019.,The Veteran's claim for increased rating of left upper extremity radiculopathy of the left upper extremity was denied as the increase in disability did not occur within one year prior to November 21, 2019.

The Veteran's major depressive disorder, left ankle disability, and bilateral hearing loss have been granted. The left ankle disability is also granted as service-connected.

The Veteran's left ankle disability is rated at 20 percent from April 17, 2018. The Board has found that the evidence supports a finding of marked limited motion of her left ankle, warranting a 20 percent rating.

The Board has decided that the Veteran's right foot tendinitis is not service-connected due to his left ankle disability. The case is being remanded for further examination and consideration.

The Veteran's appeals for service connection for bilateral flat feet and degenerative arthritis, as well as osteoarthritis of the left and right ankles, have been dismissed due to his request for withdrawal.

The Veteran's claims for increased ratings for her left ankle disability and migraines are being remanded due to a pre-decisional error in VA's duty to assist, specifically the failure to reschedule examinations. The Board will obtain retrospective findings from the date of the April 2019 claim.

The Board has remanded the service connection claims for neck, back, hip, knee, and acquired psychiatric disorders due to incomplete records. The Veteran's STRs do not reflect injuries sustained in November 1996 during a rappelling exercise.

The Veteran's left ankle disability, which is currently rated at 20 percent, has been restored to its previous rating of 20 percent. The claim for a higher rating remains pending and requires further examination.

The Veteran withdrew his claims for service connection for multiple conditions, including left shoulder disability, right wrist disability, right broken arm, left knee condition, right knee condition, left upper extremity radiculopathy, and left ankle and / or left leg condition.

The Veteran's appeal for increased ratings for left lower extremity sciatica and left ankle sprain residuals was denied. The Board found that the evidence did not support a higher rating than the current 20 percent assigned.

The Veteran's appeal was dismissed as he withdrew all issues associated with the appeal prior to a decision being made.

The Veteran's claim for an increased rating for his right ankle disability, which includes DJD and achilles tendonitis, is being remanded due to the need for additional development including a VA examination.

The Board has denied service connection for sleep apnea, bilateral restless leg syndrome, bilateral ankle disability, and cerebrovascular disease. The evidence does not support a finding that these conditions began during service or are related to an in-service injury, event, or disease.

The Board has remanded the Veteran's claims for hypertension, right ankle disability, left ankle disability, and right knee disability due to insufficient opinions regarding the etiology of these conditions. The claims are also being remanded for a retrospective opinion on the Veteran's thoracolumbar spine disability.

The Board has denied service connection for the right knee disorder and remanded the issues of service connection for disorders of the left hand, right hand, left wrist, right wrist, left ankle, and right ankle. The Veteran's claims are being returned to VA for further examination and opinion.