Ankle decisions — 2024

The Veteran's claim for increased ratings for bilateral hearing loss and service connection for bilateral ankle disability is being remanded due to inadequate medical opinions in the previous VA examinations.

The Board denied the Veteran's claim for a total rating for compensation purposes based on individual unemployability due to service-connected disabilities, finding that his service-connected conditions did not prevent him from securing and following substantially gainful employment.

The Veteran's claims for increased ratings for left and right ankle disabilities have been denied. The Board found that the evidence did not support a rating in excess of 10 percent from December 11, 2013 to June 7, 2021 for left ankle sprain with degenerative arthritis or a rating in excess of 20 percent thereafter.

The Board has remanded several claims for additional development, including service connection for migraine headaches and obstructive sleep apnea. The Veteran's current disabilities are also being reviewed.,The TDIU claim is inextricably intertwined with the increased rating claims.

The Veteran's claims for service connection for allergic rhinitis and sinusitis have been reopened, with the Board finding that new evidence supports these claims. The Veteran is presumed to have been exposed to particulate matter during his deployment in Iraq.,Service connection has also been granted for allergic rhinitis and sinusitis under the presumptive provisions of 38 C.F.R. § 3.320(a)(1).

The Board has denied service connection for right knee gout and left knee gout, but has remanded the claims for right ankle gout, left ankle gout, right foot gout, and left foot gout. The Veteran's current diagnoses of bilateral ankle and bilateral foot gout are related to his patellofemoral pain syndrome.

The Board denied the Veteran's request for an earlier effective date for a total disability rating due to individual unemployability (TDIU) prior to July 20, 2015. The evidence did not support finding that the Veteran was unable to obtain or maintain substantially gainful employment as a result of his service-connected disabilities prior to this date.

The Veteran's claims for bilateral plantar fasciitis, arthralgia of the upper left ankle joint, and a left knee disorder have been dismissed as they were not properly appealed to the Board.,These issues were previously denied in final rating decisions without appeal.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and updated medical records.

The Board has denied service connection for various scarring conditions and knee, hip, ankle, and leg disorders due to the absence of a current disability. The Veteran's claims are remanded for further examination and consideration.

The Veteran's right ankle lateral collateral ligament sprain is granted an initial 20 percent rating throughout the appeal period.,The Veteran's bilateral cataracts are not rated higher than 10 percent.,The Veteran's PTSD with insomnia is granted a 30 percent rating from July 14, 2022, to October 24, 2022.,The Veteran's erectile dysfunction does not warrant a separate compensable rating.

The Board has remanded the Veteran's claims for cervical spine, left ankle, right ankle, and obstructive sleep apnea disabilities due to inadequate VA opinions in previous examinations. The case is now pending for further development.

The Veteran's right ankle disability is granted service connection. The appeal for pain related skeletal trauma (joints other than hands) has been withdrawn by the Veteran. The appeals for right elbow, wrist, hand, and thumb disabilities are remanded.

The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for a right ankle disability prior to February 14, 2022, and in excess of 20 percent thereafter, as well as his claim for TDIU due to service-connected disability. The VA will obtain updated records of VA treatment and provide the record on appeal to another qualified examiner to offer an opinion regarding the severity of the Veteran's right ankle disability.

The Board has remanded the case due to insufficient rationale in the VA examination opinions and the need for additional service treatment records. The Veteran's left ankle disability is being reviewed again with a new opinion.

Service connection for a sinus disability, including chronic sinusitis and allergic rhinitis, is granted.,Service connection for right ankle disability is denied. The Veteran's right ankle disability is not related to service.

The Veteran's claims for higher ratings on several service-connected conditions are remanded due to the need for new evaluations and assessments.

The Veteran's appeal to increase the rating for his left ankle disability was dismissed because he withdrew it prior to a decision being made.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU prior to April 26, 2019. However, due to evidence suggesting he may be unemployable, the case is being remanded for further review by the Director of Compensation Service.

The Veteran's claims for increased ratings for her service-connected lumbar strain, right knee patellofemoral syndrome, left knee patellofemoral syndrome, right ankle strain, and left ankle strain have been denied. The evidence does not support a higher rating in any of these cases.,The Veteran's lumbar strain is currently rated at 20 percent disabling based on forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees and combined range of motion of at least 120 degrees. The evidence does not support a higher rating.,The Veteran's right knee patellofemoral syndrome is currently rated at 10 percent disabling based on painful motion with full extension to at least 65 degrees, including during flare-ups and after repetitive use over time. The evidence does not support a higher rating.,The Veteran's left knee patellofemoral syndrome is currently rated at 10 percent disabling based on painful motion with full extension to at least 80 degrees, including during flare-ups and after repetitive use over time. The evidence does not support a higher rating.,On or after July 14, 2016, the Veteran's right ankle strain is currently rated at 10 percent disabling based on painful motion with dorsiflexion to at least 9 degrees and plantar flexion to at least 20 degrees. The evidence does not support a higher rating.,On or after July 14, 2016, the Veteran's left ankle strain is currently rated at 10 percent disabling based on painful motion with dorsiflexion to at least 9 degrees and plantar flexion to at least 20 degrees. The evidence does not support a higher rating.