Ankle decisions — 2024

The Veteran's service-connected disabilities, including prostate cancer, left ankle disability, tinnitus, left knee disability, and erectile dysfunction, rendered him unable to secure or maintain substantially gainful employment. The Board granted the claim for a total disability rating based on individual unemployability (TDIU).

The Veteran's claims for lumbosacral strain, left hip condition (secondary to lumbosacral strain), right hip condition (secondary to lumbosacral strain), narcolepsy, left ankle condition, and right ankle condition are being remanded due to the need for additional development of medical records.,The Veteran's thoracic aorta enlargement claim is also being remanded as there may be relevant medical records from his general practitioner that have not been obtained.

The Veteran's request for a rating in excess of 10 percent for right arm tendinitis was denied. A total disability rating based on individual unemployability (TDIU) due to service-connected disabilities was granted.

The Board has remanded the case for a new VA examination to determine the etiology of the Veteran's neck disorder and whether it is related to service or aggravated by his back disorder. The issues of entitlement to service connection for tinnitus, right ankle disorder, and left ankle disorder have been withdrawn.

The Board has granted a separate 10 percent rating for right knee instability, effective December 8, 2009. The case of service connection for a right ankle disability is remanded due to incomplete examination and missing records.

The Veteran's claims for increased ratings were denied. The claim to reopen a previously denied hip osteoarthritis was granted, but the new evidence did not meet the criteria for reopening service connection.

The Board has determined that the Veteran does not have a current diagnosis of a right shoulder condition and has denied service connection for this condition. The cases related to left ankle strain, right ankle strain, right knee condition, and left knee condition are all remanded due to insufficient evidence.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and development of her medical records.,The Veteran's right little finger healed fracture disability is also being remanded for further examination and development.,Service connection for right foot synovitis due to Still's Disease, left wrist CTS, and a right knee disability are all being remanded. The Veteran claims these conditions were caused by exposure to environmental agents at FTMC or secondary to her service-connected disabilities.,The Veteran's acquired psychiatric disorder, including PTSD, major depressive disorder, and anxiety, is also being remanded for further examination and development of her medical records.,Service connection for a right knee disability is being remanded due to conflicting evidence regarding when the Veteran's right knee problems started.,Service connection for an acquired psychiatric disorder, including PTSD with MST, major depressive disorder, and anxiety, is being remanded. The Veteran claims these conditions were caused by in-service personal assault.

The Veteran's right ankle lateral collateral ligament sprain is rated at 20 percent for the entire period on appeal, except where a temporary total rating has been assigned.

The Veteran's claims for increased ratings for her right thumb/hand disability and post-appendectomy/post-C-section scar have been denied as she failed to cooperate in rescheduling VA examinations.,The Veteran's claim for service connection for cervix cancerous cells has been denied due to lack of current diagnosis.

The Veteran's PTSD is granted a 50% evaluation prior to May 4, 2023. A higher rating for PTSD since May 4, 2023, and a compensable evaluation for right ankle scars are denied. The Veteran's right ankle disability is granted a 20% evaluation.

From August 11, 2023, the Veteran's left ankle disability is rated at 30 percent for ankylosis in dorsiflexion between zero and ten degrees.,Prior to August 11, 2023, the Veteran was granted separate initial ratings of 10 percent for slight instability from November 4, 2016, and 20 percent for moderate instability from January 29, 2019.

The Veteran has withdrawn his appeals for several conditions and service connection claims.

The Veteran's claim for service connection for PTSD is granted. The Board finds that the Veteran has a diagnosis of PTSD related to his in-service stressors and grants this claim. Other claims are remanded due to insufficient evidence.

The Veteran's appeal is remanded for additional examinations and development to address the severity of his service-connected disabilities, as well as any new or existing conditions related to in-service exposure. The issues of service connection are also pending.

The Board has determined that there are outstanding records and needs to obtain them for proper evaluation of the Veteran's claims. The issues include determining appropriate ratings, establishing service connection, and increasing the rating for Meniere's syndrome.

The Board denied service connection for asthma, COPD, lumbosacral strain (back injury), sleep apnea, tendonitis of the left ankle, and tendonitis of the right ankle. The claim for flat feet was reopened but not granted.

The Veteran's lumbar spine disability is currently rated at 10 percent, but does not meet the criteria for a higher rating based on the current evidence.,The Veteran's right knee disability is currently rated at 10 percent, and does not meet the criteria for a higher rating based on the current evidence.,The Veteran's right ankle disability has not been manifested by marked limitation of motion.

The Veteran's service connection for a left knee disability is denied. The Board finds that the current left knee disability did not manifest during or immediately after service and is unrelated to service. A TDIU from March 6, 2019 to August 4, 2020 is granted based on multiple service-connected disabilities resulting in an overall combined rating of 80 percent.

The Veteran's claim for a higher rating for sinusitis is denied, and his claims for TDIU prior to September 21, 2018 are also denied. His TDIU from September 21, 2018 is moot due to the grant of SMC at the S-1 level.