Ankle decisions — 2023

The Veteran's claims for service connection and compensation under 38 U.S.C. § 1151 are being remanded due to the need for additional medical opinions regarding the relationship between his disabilities and service, as well as other factors.

The Board has remanded the issues of service connection for hearing loss, left ankle collateral ligament sprain, left lower extremity sciatic nerve pain, left shoulder glenohumeral joint and acromioclavicular joint osteoarthritis, myopia and retinal hole lattice degeneration (claimed as bilateral eye retina problems, thinning, and vision decrease), right ankle lateral collateral ligament sprain, right knee strain, right lower extremity sciatic nerve pain, right shoulder glenohumeral joint and acromioclavicular joint osteoarthritis, a severe stomach and colon condition, fibromyalgia, steatohepatitis, vertigo and balance issues, and flat feet; and entitlement to increased evaluations for lumbosacral strain, GERD, left knee strain, restrictive lung disease, allergic rhinitis, PB, a skin rash, and tension headaches. The Veteran was also remanded for VA examinations to assess the current severity of his service-connected adjustment disorder with mixed anxiety and depressed mood and tinnitus.

The Veteran's claims for increased ratings were denied. The Board found that the left ankle disability did not meet or approximate criteria for a rating in excess of 10 percent at any time during the period on appeal, excluding the time period from January 26, 2018, through September 30, 2018, when he was in receipt of a 100% disability rating.

The Board denied the Veteran's claim for service connection of a left ankle disability, finding that there is no evidence to support an in-service injury or disease leading to the current condition.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence of a current disability related to bilateral hand-twitching, tinnitus, or PTSD that would warrant an increase in rating. The Veteran was granted TDIU based on her PTSD.

The Board has granted service connection for a left ankle condition and a cervical spine condition, finding that these conditions are etiologically related to the Veteran's active service.

The Veteran's claim for service connection for degenerative arthritis and spinal stenosis, lumbosacral spine, with left lower extremity radiculopathy was denied as the evidence did not support a finding that these conditions began during service or were related to an in-service injury.,The Veteran's claim for service connection for his right ankle disability was remanded due to insufficient development.

The Board has remanded the claims for service connection for left ankle, right ankle, and right hand disabilities as secondary to service-connected fibromyalgia due to inadequate medical opinions.

The Board has remanded the case due to insufficient development of evidence and the need for a VA examination.

The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU rating, and referral to the VA Compensation Service Director for consideration of an extraschedular TDIU rating is not warranted.

The Veteran's appeals for special monthly compensation based on being housebound or needing regular aid and attendance, as well as a temporary total evaluation for convalescence due to immobilization of left achilles tendinitis, were both denied by the Board.

The Board has decided to remand the claims for service connection due to insufficient medical opinions regarding the relationship between the Veteran's right foot, right knee, right ankle, and left toe disorders and her service-connected avascular necrosis of the hip.

The Veteran's neck, back, and left ankle disabilities are being remanded for additional development due to non-compliance with prior remand directives. The radiculopathy claims are inextricably intertwined with the increased rating claims for these disabilities.

The Board has remanded the case due to insufficient information regarding the Veteran's employment history and education level, which is necessary for a determination on whether he meets the criteria for TDIU.

The Board has restored service connection for degenerative arthritis and right knee strain, right ankle strain, right hip strain, impairment of the right thigh, and limitation of extension of the right thigh due to their relationship to the Veteran's service-connected left ankle condition.

The Veteran's claim for an increased rating of left ankle impairment is granted with a 20% rating effective February 14, 2018. The claim for service connection for right ankle tendonitis as secondary to left ankle impairment and the initial compensable rating for eczema are both remanded.

The Veteran's service-connected disabilities, including anxiety disorder and bilateral foot disabilities, have rendered him unable to obtain or maintain substantially gainful employment since March 17, 2022. The Board has granted a TDIU rating for this period.

The Board denied service connection for right ear hearing loss and left ear hearing loss, as well as ratings greater than 10 percent for right ankle sprain and left ankle tendonitis. The Veteran's current hearing loss does not meet the criteria for a disability for VA purposes, and his ankle disabilities do not meet the criteria for a rating greater than 10 percent.

The Board denied service connection for groin/inner thigh ligament injury/pain and right ankle disorder, finding no current diagnoses or functional impairments in the medical records.

The Board has granted service connection for the Veteran's right ankle sprain, finding that it is due to in-service parachute jumps and resolving all doubts in favor of the Veteran.