Ankle decisions — 2023

The Veteran's claims for service connection of various musculoskeletal conditions, including PTSD, lower back condition, right and left knee conditions, left leg pain, and left ankle condition are remanded due to the need for further examination and evaluation. The effective date claim for PTSD is also remanded as it may be addressed in conjunction with other issues.

The Veteran's claims for hearing loss, neck disability, left and right ankle disabilities, left and right hip disabilities, sleep disturbances, and mental disorder are all being remanded due to insufficient evidence of current disabilities or causation.

The Board denied the Veteran's claims for earlier effective dates for service connection of various disabilities, including right and left ankle degenerative joint disease, elbow degenerative joint disease, shoulder degenerative joint disease, lower extremity radiculopathy, lumbar spine degenerative joint disease, cervical spine degenerative changes, upper extremity radiculopathy, and bilateral calcaneal spurs. The effective dates for these disabilities were set at February 6, 2017.

The appeal for reducing the rating of hemorrhoids, granting service connection for chest pain, and granting service connection for a right ankle disability is dismissed due to the appellant's death.

The Board has found that new and relevant evidence has been received to readjudicate the claim of service connection for diabetes. The Veteran's testimony during his August 2022 hearing is both new and relevant to the question of service connection for diabetes.

The Veteran's PTSD with stimulant use disorder, cocaine, in sustained remission is rated at 50 percent and the Board finds that a higher rating is not warranted.,There is no current right ankle disability for which service connection can be granted.

The Veteran's right ankle arthritis with chronic instability is granted a 20 percent rating, the maximum allowed. Service connection for his left knee and right knee degenerative arthritis, as well as his bilateral hip osteoarthritis, are remanded due to inadequate medical opinions.

The Veteran's appeals for service connection and increased evaluations have been withdrawn by her authorized representative.

Service connection for arthritis of the right and left knees has been granted.,Service connection for an acquired psychiatric disorder, a right eye disorder, and bilateral hearing loss have not been established.

The Veteran's right foot cuboid syndrome and right ankle instability are rated at 30 percent and 10 percent, respectively. The case is remanded for further evaluation of the right ankle instability.

The Veteran's appeal to reopen the claim of service connection for a left ankle disability is granted. The Board has determined that additional development is needed for the proper adjudication of this and other claims.

The Board has remanded the claims for service connection due to insufficient opinions regarding whether the Veteran's ankle and foot disabilities are caused or aggravated by his service-connected conditions.

The Veteran's polyneuropathy of the lower extremities is granted as secondary to his service-connected lumbar spine degenerative disc disease. The claims for a bilateral foot disability other than neuropathy and a bilateral ankle disability are remanded.

The Board has referred several claims to the AOJ for further development and final adjudication, including service connection for a right hip disability, hypertension, strokes secondary to hypertension, bilateral lower extremity swelling (edema), right ankle disability, and rating of a right knee disability in excess of 20 percent. The AOJ should address these issues promptly.

The Board has reopened the Veteran's claims for service connection for a right ankle disability and fibromyalgia, but has found that further development is needed to determine the nature and etiology of these conditions.

The Veteran's right ankle gout is related to service and the Board has granted service connection for this condition. The other issues on appeal are remanded due to a duty to assist error.

The Board has granted service connection for right ankle, right knee, and back disabilities. The Veteran's bilateral hip disabilities are remanded for further examination.,Evidence of record does not support the reopening of claims for bilateral hip disabilities due to lack of a clinically diagnosed disability.

The Veteran's claim for service connection for a left ankle disorder was reopened due to the submission of new and material evidence. Service connection is granted for this condition.,A temporary total convalescent rating for the January 2016 left knee surgery is denied, as the surgery occurred more than one year prior to the filing of the increased rating claim.

The Veteran's claims for service connection for various ankle, hip, and knee conditions are being remanded due to insufficient medical opinions addressing the direct and secondary service connection bases.,The Veteran's claims for service connection for a lumbosacral strain are also being remanded.

The Board has remanded the Veteran's claims for further development due to inadequate VA examinations and failure of the Veteran to appear for scheduled examinations. The Veteran is advised that she must cooperate with examination requests.