Ankle decisions — 2023

The Veteran's right ankle disability, rated at 10 percent, did not present with marked limitation of motion or ankylosis. The Board denied a higher rating as the current symptoms do not warrant such a rating.

The Veteran's appeals for separate ratings for digestive conditions and earlier effective dates for SMC benefits were dismissed. The Board found that the Veteran is entitled to SMC (o) based on his service-connected disabilities, which require him to have aid and attendance. He also qualifies for SMC (r)(1).

The Board has remanded the Veteran's claims for service connection due to in-service injury and subsequent amputations, chronic pain conditions, and secondary disabilities. The issues are intertwined and require additional medical opinions.

The Board has remanded the Veteran's claims for service connection for right shoulder strain and right ankle tendonitis due to insufficient medical opinions provided by VA. The claims are now pending with the RO.

The Board has remanded the case for additional development due to deficiencies in prior examination reports. The Veteran's right ankle and knee disabilities are being reviewed again with a focus on pain levels during range of motion testing.

The Board denied service connection for left shoulder, right knee, and left ankle disabilities due to lack of a medical nexus between the current conditions and service.

The Veteran's appeal is REMANDED for additional examinations to determine the current severity of his service-connected left knee strain, right knee strain, and right ankle sprain residuals. Additionally, a VA examination is needed to determine whether the Veteran's claimed left-hand condition may be related to his military service or secondary to his service-connected fractured right little finger residuals, as well as whether his claimed right foot condition may be related to his military service or secondary to his service-connected right ankle sprain residuals.

The claim for service connection for left great toe ingrown toenail has been reopened and granted. The claims for general osteoarthritis, low back spina bifida, right hip disability, right hip shorter than left leg, right knee disability, left knee disability, right ankle disability, left foot arthritis, chronic congestive heart failure, atrial fibrillation, hypertension, thyroid disability, edema, and skin irritation have all been denied.

The Board has remanded the claims for service connection for migraines, right ankle disability, and peripheral neuropathy of the upper and lower extremities due to scheduling issues with VA examinations.

The Board has granted a temporary total evaluation for the Veteran's left-foot and ankle surgery, finding that the necessary convalescence period exceeds one month but does not exceed three months.

The Veteran's service-connected disabilities require regular aid and attendance of another person due to functional limitations, but additional compensation under SMC(r)(1) or SMC(r)(2) is precluded as he does not meet the threshold requirement for consideration.

The Veteran's claims for service connection for left foot, right foot, and right ankle disorders have been remanded due to the need for additional medical examination. The VA examiner is requested to provide opinions on whether these conditions are related to his active service.

The Veteran's claims for increased ratings and effective dates have been denied. The Board has dismissed the appeal regarding an effective date prior to August 5, 2021 for asthma service connection. Other claims are pending with remands for further development.

The Board has denied service connection for sleep apnea and remanded the remaining issues due to insufficient evidence.

The Veteran's lumbar spine disability is restored to a 60% rating, effective August 1, 2016. The right ankle disability and TDIU issues are remanded.

The Board has denied service connection for right ankle, left ankle, left foot, right foot, and left knee disabilities. Service connection was granted for a low back disability.

The Board has remanded the Veteran's claims for service connection for a right hip condition and left ankle condition, as well as her claim for TDIU due to inaccuracy of medical opinions provided during previous VA examinations. The case is returned to the RO for further action.

The Board has granted a Total Disability Rating for Individual Unemployability (TDIU) from June 1, 2008 due to the Veteran's service-connected disabilities.

The Veteran's claim for special monthly compensation (SMC) at the housebound rate is denied because he does not meet the statutory criteria for SMC under 38 U.S.C. § 1114(s). He has a combined disability rating of 30 percent and no service-connected disability rated higher than 10 percent, which prevents him from qualifying for SMC at the housebound rate.

The Veteran's appeals for service connection have been withdrawn. The Board has also remanded the claims for OSA and hypertension due to lack of a medical opinion.