Ankle decisions — 2023

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The Veteran is not entitled to service connection for soft tissue sarcoma, but their psychiatric disability, rectal cancer, right ankle disability, and left knee disability are being remanded for additional development.

The Board has remanded the Veteran's appeal for further development due to inadequate VA examinations and new evidence of increased severity of his service-connected psychiatric disability.

The Veteran's claims for service connection have been reopened and granted for bilateral ankle, knee, and OSA disabilities. Service connection has also been granted for left ear hearing loss but denied for right ear hearing loss.,Remaining issues of service connection are remanded for further review.

The Board has granted the Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance due to his service-connected disabilities, including right ankle sprains and muscle injury of the right leg. The decision affirms that the Veteran requires regular aid and assistance due to balance issues caused by both his service-connected conditions and non-service-connected vertigo.

The Board has determined that the Veteran's pre-existing right ankle disability was aggravated by an in-service injury while serving in Iraq, and thus service connection is granted.

The appeal concerning the 1151 claim is dismissed. The Board has also remanded the issues of service connection for lumbar spine disability, left ankle disability, and right ankle disability due to secondary service-connected bilateral knee osteoarthritis.

The Veteran's tarsal tunnel syndrome in the left ankle was granted a 10 percent rating from September 28, 2010 to October 14, 2014 and a 20 percent rating thereafter. The left ankle scar received a 10 percent rating which is maintained. The low back disability claim remains pending.

The Veteran's claim for an increased rating for his right ankle sprain with functional instability was granted effective March 22, 2021. The Board found that the earliest date as of which it is factually ascertainable based on all evidence of record that an increase in disability had occurred was February 25, 2021.

The Board has granted the Veteran's claim for TDIU based on his service-connected disabilities, including pes planus, bilateral ankle and knee disabilities, left shoulder disability, right hand scar, and bilateral hearing loss. The combined rating of these conditions exceeds the schedular requirement for a TDIU.

The Veteran's appeal for a higher rating for left ankle fracture residuals was denied. However, the Board granted a separate 10 percent rating from July 25, 2022 for left ankle instability.

The Veteran's appeal for an initial compensable rating for a left ankle scar has been denied. The Board found that the scars do not meet the criteria for a higher rating under any applicable diagnostic codes.,The Veteran's claim for a rating in excess of 30 percent for his left ankle disability is remanded due to insufficient examination findings regarding the severity and nature of the ankylosis, as well as the presence of flare-ups. The May 2023 VA examiner did not address these issues comprehensively.

The Veteran's claim for service connection for sleep apnea is granted. His 10% rating for allergic rhinitis is restored, and his claims for other conditions are remanded.

The Board has granted service connection for neck, low back, right shoulder, left shoulder, and left knee disabilities. The left ankle disability is also granted as arthritis.

The Board has determined that the Veteran's claimed conditions, including diabetes mellitus type II, hypertension, kidney disability, skin condition, right hand tremors, left hand disability, right knee condition, left knee condition, right ankle condition, left ankle condition, lower bilateral gout, and sleep apnea are not related to service. As a result, the claims for these conditions have been denied.

The Board has remanded the cases for further development due to inadequate examinations used in previous decisions.

The Veteran's claim for service connection for psoriasis and related psoriatic arthritis of various joints has been granted. The Board found that the Veteran's psoriasis started during service and continued to present, establishing a grant of service connection.

The Board has determined that there are pre-decisional duty to assist errors in the service connection determinations for right ankle, left ankle, and left knee disabilities. The Veteran's acquired psychiatric disability is already conceded by the RO. Therefore, these cases are being remanded for further development.

The Veteran's TDIU claim is remanded due to failure to substantially comply with the February 2023 Board Remand instructions. The RO must refer the case to the Director of Compensation Service for extraschedular consideration.

The Board has remanded the Veteran's claims for service connection for right knee, left knee, and left ankle disabilities to include osteoarthritis. The kidney disability claim is also remanded.

The Veteran's appeal for service connection on the issues of migraines and headaches, severe body aches and joint pain, bilateral knee condition, bilateral ankle condition, sleeping disorder, bilateral wrist condition, bilateral hip condition, squamous cell carcinoma, and fatigue has been dismissed. Service connection is granted for PTSD.