Ankle decisions — 2024

The Veteran's claims for service connection are being remanded due to the need for additional examinations and evaluations.

The Veteran's appeal for an increased rating in excess of 10 percent for right knee degenerative arthritis with strain was denied. The Board also found that the Veteran's left ankle disability is not service connected.,The Veteran's left ankle disability, diagnosed as a strain, has been denied service connection due to lack of evidence of disease or injury during service.

The Board has remanded the Veteran's claims for bilateral pes planus and plantar fasciitis, as well as her left ankle sprain disability. The RO is instructed to obtain VA medical opinions regarding the etiology of these conditions and consider new service department records.

The Veteran's service connection claims for depressive disorder with anxious distress, left ankle disability, right ankle disability, and tinnitus have all been granted. The conditions are deemed to have onset during service.

The Veteran's bilateral pes planus with tendon insufficiency, now claimed as left ankle, is rated at the maximum schedular rating of 50 percent. The appeal for a higher evaluation is denied.

The Veteran's left ear hearing loss was not granted a compensable rating.,For the period from March 23, 2017, to April 27, 2018, the Veteran received a maximum schedular rating for IBS under Diagnostic Code 7319. For the period since April 27, 2018, the Veteran's IBS has been manifested by moderate symptomatology with frequent episodes of bowel disturbance.,The Veteran's sinusitis did not meet criteria for an increased rating as it was not characterized by incapacitating episodes or a history of sinus surgery.,The calluses on the bilateral feet were not painful and collectively measured less than 144 sq. in., thus not meeting criteria for an increased rating.,Right and left knee disabilities have been manifested by findings of limitation of flexion resulting in additional functional loss, but did not meet criteria for a higher rating as they are already at the maximum schedular rating under Diagnostic Code 5260.,The Veteran's right knee instability was granted an initial 30 percent rating and left knee instability was granted an initial 10 percent rating based on moderate recurrent lateral instability.,Radiculopathy of the bilateral lower extremities has been rated at 20 percent, consistent with moderate incomplete paralysis of the sciatic nerve.,The Veteran's TMJ disability is related to a service-connected disability and thus granted service connection.,Crohn's Disease was not found to be incurred or aggravated during service.,Respiratory disability and sleep apnea were not found to be incurred or aggravated during service.,Right and left ankle disabilities were not shown in service and are not otherwise related to service.

The Veteran's appeal is remanded due to the need for updated examinations and opinions regarding his right ankle disabilities, as well as a TDIU claim being inextricably intertwined with the initial rating claim.

The Veteran's appeal to receive higher ratings for his service-connected right and left ankle instability with painful motion has been withdrawn by the Veteran's representative, resulting in the dismissal of these claims.

The Board has granted service connection for Obstructive Sleep Apnea (OSA) as secondary to the Veteran's service-connected Post-Traumatic Stress Disorder (PTSD), Patellofemoral Syndrome with Right Chondromalacia Patella, Bilateral Ankle Tendonitis, and Bilateral Painful Pes Planus.

The Board dismissed the Veteran's claim for service connection for discogenic right sciatic radicular pain (partial paralysis right sciatic) as it was granted in a prior rating decision. Service connection was established for other conditions, including chronic sinusitis, PTSD, and various musculoskeletal issues, all presumed related to Southwest Asia service.

The Veteran's psychiatric condition, lumbosacral strain, and left ankle disability have been rated as per the criteria since July 31, 2019. The effective dates for SMC based on housebound status and DEA are also set to this date.

The Veteran's erectile dysfunction is caused by his service-connected lumbar spine condition, and the claim for service connection for this secondary disability has been granted.

The appeal is granted for service connection of PTSD, extraction of 4 wisdom teeth, fractured rib, left ankle pain, left knee pain, left wrist pain, refractive eye surgery, and right shoulder bursitis. The appeals of entitlement to service connection for PTSD and entitlement to service connection for right shoulder bursitis are dismissed as moot.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board has granted total disability due to individual unemployability (TDIU).

The Board has remanded the claims for service connection due to duty-to-assist errors, including obtaining additional medical opinions and records. The Veteran's statements regarding in-service stressors will be considered during the examination process.

The Board has determined that the Veteran's right ankle, right knee, and left knee conditions are etiologically related to service.,Service connection is granted for these conditions.

The Veteran's claims for earlier effective dates for service connection were granted, with the effective date set at November 21, 2019. The Board found that the Veteran had submitted an intent to file a claim on November 21, 2019, and filed his formal application in September 2020.

The Veteran's claim for a 50% disability rating for bilateral pes planus with metatarsalgia was granted effective February 9, 2020. The Board found that the earliest date as of which it is factually ascertainable that an increase in disability occurred was January 13, 2020.

The Board has granted the Veteran's claims for service connection for left ankle lateral collateral ligament sprain, left knee osteoarthritis, lumbosacral strain with degenerative arthritis, and right knee patellofemoral pain syndrome due to new and relevant evidence submitted since previous rating decisions.

The Veteran's appeals for service connection on multiple conditions have been dismissed due to the Veteran's withdrawal of his appeal.