Ankle decisions — 2024

The Board has remanded the case due to inadequate VA opinions regarding the Veteran's right ankle condition, and a new examination is required.

The Board has granted service connection for tinnitus. The claims of entitlement to service connection for bilateral hearing loss, right ankle disability, and left ankle disability are remanded for further development.

The Board has remanded the cases for further examination and evaluation due to inadequate previous examinations. The Veteran's service-connected left ankle strain and left foot conditions are being evaluated again.

The Board denied the Veteran's claims for increased ratings and service connection for various disabilities, including back pain, ankle joint pain, knee conditions, and wrist sprain. The evidence did not support granting higher ratings or establishing service connection.

The Board has granted the Veteran's petition to reopen his claim for service connection for obstructive sleep apnea, finding that it is at least as likely as not related to his service-connected depressive disorder and left ankle lateral collateral ligament sprain with laxity and instability. The decision also grants service connection for this condition.

The Veteran's service-connected disabilities rendered him unemployable as of April 15, 2014. Effective from that date, he is granted a TDIU and an increase in his rating for right ankle sprain with decreased reflexes.

The Board has granted service connection for the Veteran's right and left ankle strains, right shoulder impingement syndrome, and right ear hearing loss as these conditions are at least as likely as not related to his active service.

The Veteran's low back disability is not rated higher than 20 percent due to the lack of forward flexion limited to 30 degrees or less, and no favorable ankylosis.,The Veteran's left knee disability is not rated higher than 10 percent due to the absence of limitation of motion.

The Board has remanded the claims for service connection due to deficiencies in the VA examiner's opinions regarding etiology and secondary service connection.

The Veteran's appeal includes multiple issues related to service connection for various disorders, including left knee disorder, cervical spine disorder, left hip disorder, left ankle disorder, headache disorder, hearing loss, tinnitus, and upper extremity radiculopathy. The Board has determined that these claims are remanded due to the need for additional evidence.

The Board has determined that new and relevant evidence has been received for the Veteran's claims of service connection for various conditions, including right ear hearing loss, CTS, ankle disorders, elbow disorders, hip disorders, knee disorders, and neck disorders. These claims are being remanded to allow for further examination and opinion.

The Veteran's claims for neck, bilateral knee, and bilateral ankle disabilities are being remanded due to duty-to-assist errors. Further examination is needed to determine the nature of his current conditions and their relationship to service.

The Veteran's service-connected PTSD has rendered him unable to secure and follow a substantially gainful occupation, meeting the criteria for an award of SMC at the housebound rate.

The Veteran's claim for service connection for diabetes was denied, and the Board found that there is no current disability of diabetes. The Veteran's claim for TDIU was granted as his PTSD and gout disabilities prevented him from securing or following a substantially gainful occupation.

The Veteran's TDIU and DEA benefits are granted from August 25, 2008. The effective date for TDIU is established based on the earliest claim of service connection for a lumbar spine disability, while the effective date for DEA benefits is set to match the TDIU grant.

The Veteran's low back, right lower extremity sciatic radiculopathy, right ankle, and left ankle disabilities were evaluated at the current ratings of 20 percent. The Board found that these conditions did not warrant higher ratings based on limitation of motion or other factors.

The Veteran's claims for service connection for degenerative arthritis of the spine, left ankle disability, and left shoulder disability were granted in October 2022. However, the Veteran failed to perfect an appeal for these issues under the Appeals Modernization Act (AMA), leading to their dismissal.

The Veteran's appeal for an increased rating in excess of 10 percent for a left lateral collateral ligament ankle sprain is remanded due to the need for additional medical examination and consideration of whether separate ratings may be awarded for left ankle instability.

The Veteran's appeals for increased ratings were denied. The Board found that the evidence did not support a higher rating than 10 percent for right ankle disability, right knee disability, left knee disability, or right and left knee instability under either pre- or post-amended criteria. A separate 10 percent rating was granted for right knee instability and left knee instability. The Veteran's back disability received an initial 40 percent rating from June 9, 2014 to March 24, 2020, but the Board denied a higher rating as of March 25, 2020. Migraines were rated at 30 percent and PTSD was not found to warrant a higher than 50 percent rating.

The Veteran's claims for service connection were denied as there was no evidence of a nexus between the claimed conditions and his military service. The Board found that the Veteran did not have current diagnoses for some of the conditions, and the VA examination provided an opinion against the claim.