Ankle decisions — 2024

The Board has remanded the case due to a duty-to-assist error and needs to obtain an addendum opinion regarding whether the Veteran's pre-existing right ankle disability was aggravated by service.

The Veteran's bilateral pes planus with plantar fasciitis, left ankle osteoarthritis, right ankle osteoarthritis, left knee osteoarthritis, and right knee strain are all found to be related to her military service.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's left ankle disability is related to her service. The AOJ will obtain a new opinion from an appropriate clinician.

The Veteran's claims for increased ratings and service connection were denied. The Veteran's bilateral hearing loss was not rated higher than noncompensable, his right knee disability did not warrant a rating in excess of 10 percent prior to July 16, 2019 or 30 percent from September 1, 2020, and he failed to establish service connection for chronic bronchitis (COPD), fungal infection, left knee disorder, bilateral carpal tunnel syndrome, left elbow disorder, or diabetes.

The Board has granted service connection for right ankle condition, left thumb-metacarpal degenerative joint disease, and right thumb-metacarpal degenerative joint disease. The Veteran's current diagnoses are supported by STRs showing chronic ankle strain during his active duty.

The Board has denied the Veteran's claims for service connection for right hip, left ankle, left knee, and right knee disabilities due to a lack of evidence showing these conditions are related to his military service.

The Veteran's claims for service connection for asthma, left knee condition, right knee condition, right ankle condition, and left ankle condition are remanded due to inadequate VA examinations.

The Board has dismissed the appeals regarding service connection for right ankle impairment, back impairment, and right knee impairment. Service connection is granted for sinusitis and left wrist strain.

The Board has determined that the Veteran's bilateral ankle disability is directly related to his military service and grants the claim for service connection.

The Board has remanded the Veteran's claims for service connection for various joint disorders, including left elbow, right elbow, left hip arthritis, right hip arthritis, left knee, right knee, left ankle, right ankle, left wrist, and right wrist disorders. The issues are related to whether these conditions were incurred or aggravated by active service.

The Board denied the appellant's eligibility for attorney fees based on past-due benefits awarded in the March 2023 rating decision because the claims were not previously adjudicated and no representation was provided prior to the initial decision.

The Board has remanded the claims for right shoulder disorder, TMJ disorder, and residuals scar from basal cell carcinoma removal due to duty-to-assist errors.

The Veteran's persistent depressive disorder, left hip bursitis, and right ankle sprain are all rated at the maximum allowable under current criteria.,No effective date earlier than March 13, 2018 for any service connection awards was granted.,The Veteran's disabilities do not meet or approximate the criteria for a higher rating based on their severity.

The Veteran's left ankle disability, low back disability, and asthma are all found to be directly related to service.,Service connection is granted for the Veteran's left ankle disability, low back disability, and asthma.

The Veteran's sinusitis disability is granted with a rating of 30 percent. The right and left ankle disabilities are remanded for further evaluation.

The Veteran's service-connected disabilities are of sufficient severity to produce unemployability as defined by regulation, and the Board has granted a total disability rating based on individual unemployability (TDIU).

The Board has granted the Veteran's claim for service connection for his left ankle disability, finding that it was aggravated by service despite a pre-existing condition.

The Veteran's right knee disability, both ankle disabilities (deltoid ligament sprain), and PTSD have been granted service connection. The Veteran is now rated at 50 percent for his PTSD, with increased evaluations for the ankle disabilities.

The Board has remanded the Veteran's claims for right ankle strain, right knee pain, and complex regional pain syndrome with traumatic arthritis, right foot due to a duty to assist error in adjudicating her September 2019 claim for a temporary total evaluation following her right ankle surgery. The issues are now inextricably intertwined as the Veteran testified that these conditions are all related.

The Veteran's bilateral knee osteoarthritis is granted service connection. However, his right and left ankle osteoarthritis claims are denied as there is no evidence of in-service injury or chronic symptomatology.