Ankle decisions — 2023

The Board has reopened the claim for service connection of a left ankle condition and remanded it. The Veteran's left inguinal hernia residual condition is rated at 10 percent, but the Board found no evidence of an active left inguinal hernia in recent examinations and denied a higher rating. The scars from previous surgeries are also rated at 10 percent.

The Board has granted service connection for left ankle degenerative arthritis and remanded the issues of service connection for bilateral shoulder disability, bilateral hip disability, and TDIU.

The Board has remanded the Veteran's claims of entitlement to increased ratings for his service-connected bilateral ankle and hand disabilities due to inadequate VA examinations in August 2021. The Court found that the VA examiners' opinions did not adequately assess the Veteran's functional loss during reported flare-ups in cold weather, and ordered new VA examinations.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected musculoskeletal disabilities and depression, with obesity acting as an intermediate step.

The Board has remanded several issues related to service connection for various conditions, including an adjustment disorder, right knee and ankle disorders, eczema, bilateral arms, excessive sweating of the hands, a scar on the back of the mouth, and a hypertrophic scar of the right arm. The claims are being returned to the AOJ for further development.

The Board denied an increased rating for a left ankle disability, finding that the currently assigned 40 percent disability rating is the maximum schedular rating available.

The Veteran's claim for service connection for depression/anxiety and an acquired psychiatric disorder, including PTSD and depression/anxiety, has been reopened. Service connection is granted for these conditions. However, the right ankle condition was denied as not incurred during active duty.

The Veteran's right ankle disability is rated at 40 percent, with ankylosis of the ankle in dorsiflexion greater than 10 degrees. The Veteran also received a grant for TDIU based on this condition and SMC at housebound rate.

The Veteran's claims for service connection and increased ratings for right wrist pain, right ankle sprain, and left wrist tendonitis are remanded due to insufficient evidence in the record.

The Veteran's claim for service connection has been reopened, and the appeal is remanded due to inadequate negative nexus opinions in previous VA examinations.

The Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment during the period from September 22, 2009, to prior to December 16, 2017. Therefore, entitlement to a total disability rating based on individual unemployability is granted for this period.

The Board has granted service connection for hypertension. The remaining claims of service connection for bilateral knee disabilities, right ankle disability, a higher rating for GERD with hiatal hernia, pancreatitis, and pancreatic pseudocysts, and entitlement to TDIU are remanded.

The Board has determined that additional VA examinations and the provision of certain records are necessary to properly adjudicate the service connection claims for hip, ankle, and shoulder disabilities. The cases are being remanded.

The Veteran's bilateral shin splints, cervical spine sprain, and left ankle tendonitis are granted as service-connected.,The Veteran's residuals of a traumatic brain injury (TBI) are granted as service-connected.,PTSD, IBS, right shoulder disorder, left hip disorder, right hip disorder, right ankle disorder, right foot disorder, right knee disorder, scar on the left parietal scalp area, and right groin scar were not granted effective dates prior to December 11, 2015.

The Board has determined that additional relevant medical evidence must be obtained and associated with the Veteran's claims file before a final decision can be made on her increased disability evaluation for scar, left index finger; service connection for right knee disorder; service connection for respiratory disorder (including allergies); and service connection for right ankle disorder.

The Veteran's claims for increased ratings for his service-connected left and right ankle disabilities are being remanded due to the need for updated VA treatment records, including those from private providers. The Veteran should be scheduled for a VA examination to assess the current severity of his ankle replacements.

The Veteran withdrew his appeal, indicating he no longer wished to pursue the claims for service connection or rating increases. The Board has dismissed the appeal as a result.

The Veteran's claim for a higher rating for PTSD was denied, and her TDIU claim was granted. The hypertension case is remanded.

The Board has remanded the claims for service connection for cellulitis of the left and right ankles, as well as for a left foot condition and a right foot condition due to inadequate VA medical opinions.

The Veteran's right ankle strain is rated at 10 percent, and the Board has determined that a higher rating is not warranted based on the evidence of record.