Ankle decisions — 2023

The Veteran's right ankle disability is being remanded due to a duty to assist error in the prior VA examination report, which did not include joint testing for active and passive motion in both weight-bearing and non-weight-bearing circumstances.

The Board has decided that the Veteran's right ankle and left ankle disabilities are each rated at 20 percent, but no higher. The claim for a disability rating in excess of 10 percent for his right knee strain is being remanded.

The Board has found that there is not sufficient evidence to support the Veteran's claims for service connection for a low back disability, bilateral hearing loss, and obstructive sleep apnea. The Veteran's current diagnoses are not related to his active duty service.,Regarding arthritis of the left wrist, left knee, and ankles, the Board has found that there is insufficient evidence to determine if these conditions began during service or are otherwise related to an in-service injury.

The Board has determined that the Veteran's bilateral hearing loss and right ankle disorder are not service-connected. The claims for these conditions have been remanded to obtain additional medical opinions and examinations.

The Board denied service connection for a left ankle disability and granted service connection for left ear hearing loss. The neck disability claim is remanded for further examination.

The appeal for service connection for right ankle fracture is dismissed as the March 2020 rating decision granted this condition.,Service connection for hypertension has been granted, with evidence showing it began in service and was related to active duty.,Service connection for lumbosacral strain has been granted based on a VA examination's opinion that the Veteran's condition either occurred or is caused by service.,Service connection for tinnitus has been granted due to credible reports of noise exposure during service.

The Board has decided to remand the case due to inadequate compliance with previous remand instructions, particularly regarding a nexus opinion for the Veteran's right ankle disability.

The Board has decided to remand the case due to the need for a new VA examination and consideration of whether separate ratings may be awarded for the service-connected bilateral ankle disability.

The Board denied the Veteran's claim for a rating in excess of 10 percent for his right ankle disability, finding that the evidence did not support an increase to this level.

The Board has remanded the cases for additional development and examination to address secondary service connection claims, including those related to antibiotic medications used to treat service-connected respiratory and sinus conditions.

The Board has decided that the Veteran's service connection claims for left ankle, right knee, right foot, and left foot disabilities need to be remanded due to a lack of certain medical records.

The Board has remanded several issues related to service connection and rating for various disabilities, including bilateral hearing loss, headaches, PTSD, OSA with asthma, patellar tendinitis, left ankle strain, and tinnitus. The AOJ is instructed to review all relevant evidence and issue a SSOC.

The Veteran's hemorrhoids and Hepatitis B have been resolved. The Board has remanded the claims for gastrointestinal disability (including irritable bowel syndrome) and left ankle disability due to insufficient evidence.,Further examination is needed to determine if any current gastrointestinal or left ankle disabilities are related to service.

The Board has remanded the Veteran's claims due to failure to comply with previous directives and issues related to scheduling of VA examinations. The Veteran is advised to provide his current address and contact information for further action.

The Board has determined that additional evidence is needed to determine the current severity of the Veteran's back disability, rhinitis, and other conditions. The VA will attempt to obtain relevant private treatment records from WHC and Dr. S., as well as any outstanding VA treatment records. A new VA examination will be scheduled for these claims.

The Board has granted service connection for a left ankle condition and remanded the issue of service connection for a left hip condition.

The Veteran's service-connected seizure disorder, right ankle disability, and psoriasis result in the need for regular aid and attendance of another to keep himself clean, attend to his needs, and protect him from daily hazards. The Board granted special monthly compensation effective September 12, 2017.

The Veteran's right knee and right ankle disabilities are being remanded for further evaluation as the claims file does not contain recent VA treatment records, which may be relevant to assessing his current disability levels.

The Veteran's claims for service connection for bilateral knee and ankle disorders were denied in a December 2015 rating decision.,The Veteran filed new claims on October 4, 2018, seeking effective dates prior to October 4, 2018, for the grant of service connection for his right and left knee and ankle disabilities. The Board found that these claims were not timely filed as they did not meet the requirements for reopening a previously denied claim.,The Veteran's representative argued that there was CUE in the December 2015 rating decision, but this argument is not valid because jurisdiction over an earlier effective date appeal does not extend to allegations of CUE in a prior final rating decision.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining VA treatment records and medical opinions regarding the etiology of his claimed conditions.