Ankle decisions — 2024

The Veteran's service-connected disabilities, including major depressive disorder and chronic fatigue syndrome, have resulted in a combined rating of 100 percent from January 24, 2017 to August 3, 2023. Effective August 3, 2023, the Veteran is granted a TDIU based on service-connected chronic fatigue syndrome alone.

The Veteran's appeal for service connection for bilateral hearing loss is denied. The Board finds the evidence does not establish current hearing loss in either ear that qualifies for purposes of service connection.,The appeals for service connection for right leg and left leg shin splints are remanded as there is no medical evidence or credible lay evidence establishing a current disability during the pendency of the claim period.,The appeal for an initial disability rating in excess of 10 percent for service-connected right ankle strain status post fracture is remanded due to conflicting information regarding functional loss and ankylosis.,The appeal for service connection for right knee gout is remanded as there are contradictory findings regarding the Veteran's ability to flex his knee during a flare-up.,The appeal for service connection for temporomandibular joint disability is remanded due to incomplete examination report and unclear reasons provided by the examiner.,The appeals for service connection for lumbar spine and cervical spine disabilities are remanded as there is insufficient evidence regarding continuity of symptoms or treatment post-service.,The appeals for service connection for right hand and left hand disabilities are remanded due to lack of a VA medical examination addressing these conditions.,The appeal for service connection for left knee disability is remanded as the VA Regional Office has not obtained an appropriate medical examination or opinion regarding this condition.

The appeal for bilateral hearing loss is dismissed. Service connection has been granted for paroxysmal supraventricular tachycardia and fibromyalgia, both presumed to be related to service exposure in the Gulf War Theater. The back disorder and ankle disorders are remanded.

The Veteran's left ankle strain and osteoarthritis prior to July 7, 2015 were rated at 20 percent. From November 1, 2015 to October 12, 2020, the Veteran was granted a separate rating of 10 percent for instability.

The Board has remanded the Veteran's claims for bilateral hearing loss, right knee disability, left knee disability, left ankle disability, right ankle disability, and bilateral foot disability due to inadequate opinions from a June and December 2023 VA examiner. The Veteran is scheduled for VA examinations to determine the etiology of his disabilities.

The Veteran withdrew his claims for an increased rating for tinnitus and an effective date prior to June 10, 2015, for service connection for tinnitus.,The Board found new and material evidence has been presented to reopen the claim of entitlement to service connection for an acquired psychiatric disorder (including PTSD and MDD).

The Veteran's appeal for a higher disability rating for his recurrent right ankle sprain with joint mouse was denied as the evidence did not show marked limitation of motion, which is required for a higher rating under Diagnostic Code 5271.

The Veteran's claim for an earlier effective date for service connection of peroneal sensory neuropathy of the right lower extremity is denied.,The Veteran's claim for a rating in excess of 30 percent for peroneal sensory neuropathy of the right lower extremity is remanded.

The Board has remanded the case due to inadequate medical opinions addressing the Veteran's lay statements regarding continuity of care for his right hand and right ankle injuries.

The Veteran's claims for chronic fatigue syndrome and unspecified trauma and stressor-related disorder have been granted. The heart disability claim is remanded, as are the claims for degenerative arthritis of the lumbar spine, cervical spine, right knee, left knee, and right ankle. The Veteran's gastritis with GERD claim also requires further examination.

The Board has remanded the claims for service connection and evaluations due to the Veteran not receiving VA examinations as scheduled. The claims are being returned for further development.

The Veteran's right ankle disability was rated at 10 percent from January 22, 2010 through May 4, 2022. The Board denied a higher rating due to the lack of evidence showing ankylosis or other severe impairment.

The Veteran's right ankle sprain and left ankle DJD have been granted non-initial ratings of 40 percent each, effective from August 26, 2014. Service connection for the right leg disability is remanded.

The Board has remanded the Veteran's claims for service connection for a right knee disability, increased ratings for left knee and ankle disabilities due to lack of an opinion on whether his right knee disability is secondary to his service-connected left knee disability. Additional development including obtaining VA treatment records, private treatment records, and additional examinations are required.

The Veteran's appeal of the increased disability rating for pes planus is dismissed. The Board has remanded several issues related to migraines, bilateral knee and ankle disorders, eczema, and a psychiatric disorder due to service.

The Board has denied the appellant's claims for initial disability ratings in excess of 10 percent for his left and right ankle disabilities, finding that the evidence does not support a higher rating based on limited motion.

The Board has remanded the claims for a respiratory/lung disorder, right hip disability, left hip disability, and left ankle disability due to incomplete VA examinations and insufficient medical opinions. The Veteran's service connection claims are being returned for further development.

The Veteran's right ankle disability is rated at 40 percent prior to March 18, 2013 and from July 1, 2013 to February 1, 2021. From February 2, 2021 onwards, the rating remains at 40 percent. The Veteran's right ankle disability alone rendered him unable to obtain or retain substantially gainful employment starting August 1, 2021, and he is now permanently and totally disabled.

The Board has denied service connection for lumbar spine disorder, and the remaining issues have been remanded for further development.

The Board has determined that additional evidence is needed to properly adjudicate the claims for service connection of various conditions, including right ankle, cervical spine, right hip, head injuries (including headaches), acquired psychiatric disorder, gastroesophageal reflux disease, bilateral pes planus, and Parkinson's disease. The VA will obtain relevant records from SSA and VA treatment providers and conduct new examinations to provide a clear determination on these claims.