Ankle decisions — 2023

The Board has decided to remand the Veteran's claims for diabetes mellitus, thoracic spine disability, right lower extremity neuropathy, and migraine headaches due to incomplete development of records.

The Board has found that additional development is needed for the Veteran's claims of service connection for right ankle condition and sleep apnea, as the current medical opinions are inadequate. The case is being remanded to provide addendum VA medical opinions.

The Veteran's service-connected disabilities, including bilateral pes planus, right knee status post total knee arthroscopic repair, degenerative joint disease of the left knee, IVDS of the spine and lumbosacral strain, tinnitus, osteoarthritis of the right ankle, osteoarthritis of the left ankle, radiculopathy of the right lower extremity, radiculopathy of the left knee, and rheumatoid arthritis (indicated by pes planus), render him unable to secure or follow a substantially gainful occupation.

The Veteran's appeals for higher initial ratings and increased ratings have been dismissed as he has withdrawn his appeal.

The Board has denied the Veteran's claims of service connection for bilateral ankle, foot, and neck disorders due to a lack of evidence linking these conditions to his active-duty service.

The Board has remanded the cases for further development due to incomplete records and inadequate medical opinions. The Veteran's claims for right ankle strain, heart disorder, and TMJ disability are being reviewed.

The Board has decided that the Veteran's claims for service connection for various conditions, including ankle condition, hip condition, tinnitus, headaches, and an acquired psychiatric disability (PTSD), need further investigation. The AOJ is instructed to verify the Veteran's reported stressor and obtain outstanding VA treatment records.

The Veteran's right hip arthritis is rated at 20 percent for the period prior to May 19, 2022 and at 20 percent since then.,The Veteran's left ankle strain is rated at 20 percent throughout the appeal period.,The Veteran's right elbow strain (limitation of flexion) is rated at 30 percent for the period prior to May 19, 2022 and at noncompensable since then. The limitation of extension is rated as noncompensable.,The Veteran's right wrist degenerative joint disease is rated at 10 percent throughout the appeal period.,The Veteran's left wrist degenerative joint disease is rated at 10 percent throughout the appeal period.,The Veteran's right foot degenerative joint disease is rated at 20 percent for the period prior to May 19, 2022 and at noncompensable since then.

The Board has determined that additional medical opinions are needed to address the relationship between the Veteran's current disabilities and her service-connected PTSD, as well as whether any of these conditions were caused or aggravated by her in-service exposure.

The Veteran withdrew her appeal regarding the effective date for left ankle lateral collateral ligament sprain, and thus the issue is dismissed.

The Veteran's left ankle disability, including post-surgical repair of the Achilles tendon and instability, is currently rated at 20 percent. A separate rating for marked left ankle instability has been granted beginning December 2, 2016.

The Board has decided to remand the claims for low back and left ankle disabilities due to scheduling issues with VA examinations. The Veteran is encouraged to attend the requested examinations.

The Board has dismissed the Veteran's appeals regarding service connection for right wrist, hand, ankle, and foot disabilities due to his withdrawal of the appeal prior to a decision.

The Board has granted service connection for bilateral foot osteoarthritis with calcaneal spurs and bilateral pes planus, bilateral ankle degenerative arthritis, and bilateral knee osteoarthritis as these conditions are related to the Veteran's active duty service.,Service connection is also granted for non-allergic rhinitis and sleep apnea, both of which had their onset during the Veteran's active duty service.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for a Decision Review Officer hearing.

The Board denied service connection for both the low back and left ankle injuries, finding that there was no evidence of a current disability or relationship to service.

The Veteran's appeal is denied for evaluations in excess of 10 percent for rheumatoid arthritis of the left (minor) elbow, prior to July 24, 2020; and for rheumatoid arthritis of the right (major) elbow, since July 24, 2020. The appeal is also denied for evaluations in excess of 10 percent for rheumatoid arthritis of other joints including left shoulder, wrist, foot, knee, ankle, hip.

The Board has decided to remand the claims for service connection and increased ratings for right ankle and knee conditions due to insufficient opinions regarding their etiology.

The Veteran's claim for a higher rating for his left ankle was denied because he failed to attend the scheduled VA examination without providing good cause.

The Board has dismissed the appeal as all issues have been withdrawn by the appellant.