Ankle decisions — 2024

The Board has remanded the claims for neck, back, bilateral shoulder, right elbow, right knee, and bilateral ankle conditions due to a lack of examination and incomplete medical records. The Veteran's statements about injuries sustained during service are considered credible.

The Board has determined that there is no evidence of a current disability for any of the claimed conditions, and thus service connection cannot be granted.

The Board has granted the Veteran's petition to reopen his claim of entitlement to service connection for a right ankle disorder, but denied his claim for bilateral hearing loss. The appeal is remanded for further action on the right ankle disorder.

The Veteran's claim for an effective date prior to January 13, 2022 for the award of service connection for dry eye syndrome was denied. The Veteran is already in receipt of the earliest possible effective date.,An initial 20 percent rating, but no higher, for dry eye syndrome is granted from January 13, 2022.

The Veteran's PTSD was rated at 50% from May 9, 2021 and increased to 70% effective May 9, 2022.,An increased rating of 40% for the left ankle distal fibular fracture is granted starting March 8, 2022. An increase in rating of 20% for the left ankle based on limitation of motion is granted starting July 8, 2022.

The Board has granted service connection for a left ankle disability as secondary to the Veteran's service-connected right foot Morton's neuroma, finding that the Veteran's gait abnormality due to his right foot condition caused his left ankle arthritis.

The Board has decided to remand the claims of service connection for left ankle, left knee, right knee, and low back disabilities due to inadequate medical opinions in the November 2022 rating decision. The Veteran's claims will be returned for further development.

Service connection is granted for IBS and an undiagnosed illness manifested by chronic fatigue and memory loss.,Service connection is denied for a bilateral ankle disability and a bilateral foot disability except for left foot hallux valgus.

The Veteran's claim for a higher disability rating for left ankle lateral collateral ligament sprain and fracture is being remanded due to the need to advise the Veteran of the revised rating criteria for limitation of motion of the ankle under diagnostic code 5271, as well as address evidence of instability.

The Veteran's claim for service connection for chronic pneumonia, right shoulder disorder, left elbow disorder, neck disorder, osteopenia of the bilateral hands, wrists, hips, ankles and feet, and osteoarthritis of the lumbar spine has been denied. The Board found no current disability related to any of these conditions at the time of filing or during the pendency of his claim.,The Veteran's assertions regarding in-service injuries were not credible due to a significant lapse in time between service and post-service medical treatment, as well as inconsistencies with contemporaneous records.

The Board has granted service connection for degenerative changes in the right and left ankles, as well as degenerative arthritis of the lumbar spine. The disability ratings have been increased to 20 percent effective October 31, 2013.

Service connection for left ear hearing loss is denied.,A 20 percent rating, but no higher, for right ankle lateral collateral ligament sprain with degenerative arthritis is granted.,A compensable (10%) rating for right knee patella tendon repair scar prior to September 16, 2020 is granted.,A rating in excess of 10 percent for right knee patella tendon repair scar from September 16, 2020 is denied.,Prior to June 3, 2021, a rating in excess of 10 percent for right knee patella tendon tear with degenerative joint disease is denied. On and after June 3, 2021, a 40 percent rating, but no higher, for the same condition is granted.

The Board has granted service connection for right ankle tendonitis, left ankle tendonitis, right knee strain, and left knee strain. The conditions are related to the Veteran's in-service duties.

The Board has granted service connection for a right shoulder disability, sinus disability, left ankle disability, and sleep apnea. The left foot disability is also granted as secondary to the service-connected left ankle disability.,Service connection was established based on direct evidence of a present disability and credible lay statements regarding in-service events.

The Board has denied service connection for tinnitus and arthritis, finding that there is no evidence of a current disability or continuity of symptomatology since service. The Veteran's claims are based on his in-service noise exposure and work-related activities, but the Board did not find a causal relationship between these factors and his current conditions.

The Veteran's claim for higher ratings for his service-connected left knee disabilities and shoulder disability is being remanded due to the need for additional medical opinions.,Service connection claims for right ankle, foot, and knee disabilities are also being remanded.

The Board denied the Veteran's claims for service connection of his left ankle disability and a temporary total rating based on surgical or other treatment necessitating convalescence. The evidence did not support a finding that the Veteran's current condition was related to active service.

The Board has granted service connection for a left ankle lateral collateral ligament sprain. Service connection for bilateral pes planus is remanded due to a pre-decisional duty to assist error.

The Board has decided to remand the case due to inadequate medical opinions and consideration of other theories of entitlement.

The Veteran's right shoulder and wrist sprains are rated at the maximum allowable under VA rating criteria, with no additional ratings warranted based on functional loss or other factors.,The Veteran's left ankle sprain is currently rated at 10 percent prior to April 26, 2024, and 30 percent thereafter. The evidence does not support a higher rating.