Ankle decisions — 2023

The Board denied the Veteran's claims for service connection for right ankle disability, TBI residuals, and sleep disturbance. The evidence did not establish a nexus between these conditions and her period of service.

The Board has determined that further development is needed to determine the relationship of the Veteran's claimed conditions to service, including whether they are related to an undiagnosed illness or a Gulf War condition. The claims for vertigo and ankle/knee conditions are being remanded.

The Board has granted service connection for a cervical spine disability, cervical radiculopathy of the upper extremities, and deep vein thrombosis of the left ankle. The Veteran's current conditions are deemed to be related to his active duty service.,Service connection is established for these conditions based on direct evidence showing their onset during or shortly after service.

The Veteran's application to reopen his previously denied service connection for DMII was granted. The Board has determined that the Veteran should be scheduled for VA examinations and remanded for further development of his claims for bilateral hearing loss, low back pain, left ankle condition, tinea pedis, sinusitis, COPD, and DMII.

The Board has remanded the case for an addendum opinion to determine the nature and etiology of the Veteran's right knee disability, accounting for all instances of right knee pain while in service.

The Veteran's sleep apnea, left knee disability, and left ankle disability were evaluated. The Board denied service connection for sleep apnea due to lack of evidence linking it to service-connected PTSD. For the left knee disability, a rating in excess of 10 percent was denied from April 19, 2011, to June 26, 2014; a rating in excess of 30 percent was denied from August 1, 2015, to November 25, 2022; and a rating in excess of 60 percent was denied from November 26, 2022. The Veteran's left ankle disability received a 20 percent rating. A TDIU was also denied prior to November 19, 2017.

The Board has found that further development is required due to inadequate medical opinions and remands prior examinations. The Veteran's claims for service connection are being returned for additional examination and opinion.

The Board has denied the Veteran's claims for service connection for bilateral ankle strain, left knee disability, and right knee disability due to lack of evidence linking these conditions to active service.

The Board has dismissed the appeals seeking increased ratings for right knee, left knee, right ankle, and left ankle disabilities.

The Board has denied the Veteran's claims for service connection for right knee, left knee, right ankle, and left ankle disorders due to a lack of medical evidence linking these conditions to his military service.

The Veteran's claim for TDIU was denied due to the belief that he left his most recent job due to a whistleblower complaint. The Board found no evidence of such a claim being made by the Veteran.,The Veteran's right ear hearing loss is currently rated as noncompensable, and a new VA examination is needed to determine its current severity.

The Board has remanded the Veteran's claims for service connection due to inadequate examinations and requests for information regarding the qualifications of the examiner. The claims will be re-adjudicated after further examination.

The Veteran's appeal for increased ratings for right ankle disability prior to July 9, 2020 and since then is dismissed.,The Veteran's claim for a rating in excess of 10 percent prior to July 9, 2020 for right lower extremity radiculopathy was denied. A rating of 40 percent from July 9, 2020 for right lower extremity radiculopathy is granted.,The Veteran's claim for a rating of 40 percent for left lower extremity radiculopathy is granted.

The Board has remanded the Veteran's claims of service connection for various orthopedic conditions due to outstanding private and VA treatment records.

The Veteran's right ankle disability was previously rated at 10 percent prior to January 26, 2012 and from March 1, 2012 to January 31, 2018. From April 1, 2018 to June 14, 2018, the Veteran was rated at 10 percent. Since June 15, 2018, he has been rated at 20 percent.,The Board found that a higher rating for the right ankle disability is not warranted prior to January 26, 2012 or from April 1, 2018 to June 14, 2018. However, from March 1, 2012 to January 31, 2018, a rating of 30 percent is granted due to ankylosis at plantar flexion and dorsiflexion.

The Board has determined that additional evidence was added to the record since the last decision and must be considered by the AOJ. The claims for increased ratings for a right hip scar, an increased rating for a right ankle disability, and service connection for a lower back disability are being remanded for further review.

The Veteran's claims for increased ratings for right ankle dislocation and left ankle sprain with osteoarthritis have been dismissed as the issues are moot due to prior Board decisions.

The Veteran's left ankle sprain, osteoarthritis, and right ankle sprain are granted service connection as they were caused by his service-connected left foot disability. The low back disability is denied as it did not begin during active duty or within one year of separation from a period of active duty for training.

The Board has decided to remand the Veteran's claims for initial disability ratings in excess of 10 percent for his service-connected right knee patellofemoral syndrome, left knee patellofemoral syndrome, and right ankle sprain. Additional development is needed as per a joint motion.

The Board has dismissed the claims for service connection for right and left ankle disorders due to lack of appeal or motion.