Ankle decisions — 2023

The Board has remanded the case due to pre-decisional duty-to-assist errors regarding treatment records and a medical opinion on Allopurinol's effects.

The Board has remanded the case for a VA examination to determine if the Veteran's migraines, low back disability, left knee disability, and bilateral ankle disabilities are related to service exposure to burn pits. The PACT Act requires this examination.

The Board has determined that the original decision on appeal did not adequately address the Veteran's claim for service connection for left ankle disability due to a duty-to-assist error. The case is being remanded to obtain an addendum opinion from an appropriate clinician regarding the onset and relationship of the Veteran's current left ankle disability to his military service.

The Board has remanded the Veteran's claim for service connection for a right ankle condition due to inadequacies in the previous opinion. The case is now pending with instructions to obtain additional medical records and provide an addendum opinion.

Service connection for a digestive condition, left leg musculoskeletal condition, and right ankle condition was denied due to lack of current residuals.,No new and material evidence was submitted to reopen the claims.

The Board has remanded the cases for further development due to inadequate range of motion assessments and updated treatment records are needed. The Veteran's knee instability, difficulty getting in/out of his truck, and ankle pain after extended weight bearing will be considered during the examinations.

The Veteran's appeal is remanded for further examination and evaluation of his service-connected right ankle condition, which includes testing for active motion, passive motion, and pain with weight-bearing and without weight-bearing. The examiner must also consider the Veteran's reports of intermittent ankylosis or 'locking up' to be a flare-up for examination and disability evaluation purposes.

The Board has remanded the cases for issuance of a SOC addressing the issues of effective dates prior to August 19, 2016 for the grant of service connection for breast mass, right groin muscle strain, and right ankle disorder. The remaining issues are also remanded for readjudication.

The Veteran's claims for earlier effective dates and restoration of ratings were granted. The Veteran received a 10% rating for left hip limited extension, a 10% rating for right hip strain (extension), and a 20% rating for right hip strain (abduction) from October 1, 2018 to the present.

The Veteran requested to withdraw his appeal for a TDIU prior to July 2, 2017. The Board dismissed the issue as it was explicitly and unambiguously made by the Veteran.

The Board has remanded the Veteran's claims for service connection due to new evidence received, and requests that clinical records from Parris Island, Beaufort Naval Hospital, and Camp Lejeune be obtained. Additionally, a VA medical opinion is needed regarding the low back disability, neck disability, cellulitis of the ankles, and orthopedic disability of the ankles.

The Veteran's right tibialis anterior muscle damage and right ankle residuals of shrapnel penetration are granted with specific evaluations. TDIU is also granted since July 27, 2012.

The Board has remanded the claims of entitlement to service connection for right ear hearing loss and a left ankle disorder due to inadequate medical opinions. The Veteran contends that his hearing loss is related to noise exposure during service, while his ankle disorder is linked to parachute jumps he performed in service.

The Board has reopened the Veteran's claims for service connection for sinusitis, bilateral foot disability, right ankle disability, left ankle disability, left little toe disability, lumbar spine disability, and allergic rhinitis. The evidence supports a link between these conditions and military service.

The Veteran's initial ratings for migraine headaches and PTSD/MDD have been granted. However, the appeal is mixed as some issues are remanded due to insufficient evidence or further development needed.

The Veteran's service-connected lumbar spine and ankle disabilities have rendered him unable to dress, undress, bathe, or attend to his daily needs without the regular aid and attendance of another person. The Board has granted SMC based on need for aid and attendance.

The Board has dismissed the appeals of the Veteran's claims for service connection for back, left ankle, and left hand disabilities due to the appellant's withdrawal of these claims.

The Veteran's appeals for earlier effective dates and increased ratings have been dismissed.,The Board has remanded several issues including service connection for various conditions.

The Veteran's right ankle disorder did not warrant a higher rating as it did not meet the criteria for marked limitation of motion.,PTSD did not result in total occupational and social impairment.

The Veteran's appeal for service connection for left and right ankle disabilities has been dismissed due to the Veteran's explicit withdrawal of his appeal.