Ankle decisions — 2024

The Veteran's claim for an increased rating for her unspecified depressive disorder was denied as her symptoms did not meet the criteria for a higher disability rating.,The Veteran's right ankle disability was granted service connection as secondary to her service-connected left ankle disability.

The Board has determined that the Veteran's current left ankle disability, manifesting as pain causing impairment in earning capacity, is related to service and grants service connection for this condition.

The Board has remanded the service connection claims for right and left ankle conditions due to insufficient evidence of a current disability related to service-connected bilateral pes planus with associated compensatory gait pattern.

The Veteran's increased ratings for degenerative joint disease with degenerative disc disease of the thoracolumbar spine and right ankle instability have been denied.,The VA examiner found that the Veteran's symptoms did not warrant a higher rating under the applicable criteria.

The Board has granted service connection for the Veteran's right ankle disorder and left hip disorder, finding that these conditions are secondary to his already service-connected conditions. Effective from November 22, 2017, he is now rated at 50% for migraine headaches.

The appeal for a disability rating more than 10 percent for left ankle strain has been dismissed. The appeals for service connection of right knee, left knee, lumbar spine, left hip, and bilateral foot disabilities have been remanded.

The claims for acne, pseudofolliculitis barbae, and ankle/knee disabilities are being remanded due to a pre-decisional duty to assist error. The AOJ must provide an adequate explanation for separating the Veteran's acne and pseudofolliculitis barbae disabilities and obtain a new VA medical opinion on the etiology of his right hip, ankle, and knee disabilities.

The Veteran's claim for a compensable initial disability rating for allergic rhinitis was denied as the evidence did not meet the criteria for a higher rating.,The Veteran's service connection claim for hypertension is remanded due to insufficient rationale in the July 2022 VA opinion regarding whether he has current hypertension related to service.,The Veteran's service connection claim for residuals of hypothermia, bilateral lower extremities (BLE hypothermia) is remanded due to insufficient rationale in the July 2022 VA examination report regarding whether his symptoms are related to service.,The Veteran's increased rating claim for obstructive sleep apnea is remanded due to insufficient rationale in the July 2022 VA examination report regarding all of his reported symptoms and their impact on daily life.,The Veteran's service connection claim for chest pain with palpitations is remanded due to insufficient rationale in the July 2022 VA opinion regarding whether his current condition is related to service.,The Veteran's service connection claim for left ankle condition is remanded due to insufficient rationale in the July 2022 VA examination report regarding all of his reported symptoms and their impact on daily life.,The Veteran's service connection claim for right ankle condition is remanded due to insufficient rationale in the July 2022 VA examination report regarding all of his reported symptoms and their impact on daily life.,The Veteran's increased rating claim for tension headaches is remanded due to insufficient rationale in the July 2022 VA examination report regarding all of his reported symptoms and their impact on daily life.

The Veteran's claim for an earlier effective date for service connection of his right ankle disability is denied. For the entire period on appeal, a rating of 30 percent for right ankle ankylosis with tenosynovitis status post arthrodesis is granted.

The Veteran's claims for service connection were dismissed as the issues are moot due to a prior grant of benefits in May 2023, and there was an improper concurrent election of multiple review options.

The Veteran's appeals for the effective date of special monthly compensation and his rating decision regarding ankle disabilities have been dismissed due to a concurrent election. The Veteran withdrew his appeal for SMC based on aid and attendance, and the request for higher-level review was not addressed when he filed his Board appeal.

The Board has denied service connection for the Veteran's claimed right knee and right ankle disabilities, finding that any increase in severity during service was due to natural progression.

The Board has remanded the claims for hemorrhoids, right ankle condition, left ankle condition, and tinnitus due to failure of the Veteran to appear for VA examinations. The AOJ is instructed to seek medical opinions regarding the etiology of these conditions.

The Board has remanded the case due to insufficient medical evidence regarding the Veteran's bilateral ankle disability. The Veteran is seeking service connection for her current diagnosis of bilateral ankle strain, which she contends was caused by in-service events such as shin splints and an August 2000 motor vehicle accident. A new addendum opinion is needed from a VA clinician to address whether it is at least as likely as not that the Veteran's current disability is related to her service.

The Board has dismissed the appeal for service connection of left knee degenerative joint disease, lumbar spondylosis, and a left ankle disability due to the Veteran's death during the pendency of the appeal.

The Veteran's right ankle disability, left knee disability, lumbar spine disability, and thyroid nodules are all being remanded for further development.,Specifically, the right ankle disability is being examined to determine if nerve damage exists and its relationship to other service-connected disabilities. The thyroid nodules need a medical opinion on whether they are related to service.

The Veteran's claims for service connection of lower back strain, broken right hand residuals, and right ankle sprain residuals were denied as the Veteran failed to report for scheduled VA examinations without good cause.

The Board has decided to remand the claims for further development due to duty-to-assist errors.

The Veteran's bilateral pes planus disability is currently rated as 10 percent disabling. The Board has remanded the issues of service connection for left shin splints, right shin splints, left ankle sprain, right ankle sprain, onychomycosis (right foot), onychomycosis (left foot), and right knee condition.

The Board has determined that the Veteran does not have current diagnoses of the claimed conditions and therefore, service connection cannot be established for any of these conditions.