Ankle decisions — 2024

The Board has reopened the Veteran's claims for service connection for bilateral hearing loss, right knee disability, left knee disability, and left ankle disability. The cases are remanded to allow for further development and examination.

The Veteran's claim for increased ratings for headaches, service connection for insomnia, right hand condition, left ankle condition, and shin splints have been granted. The application to reopen the previously denied claim of service connection for left-sided numbness has been denied.

The Veteran's acquired psychiatric disorder, diagnosed as unspecified anxiety disorder, unspecified depressive disorder, and alcohol use disorder with chronic sleep impairment is granted secondary to service-connected tinnitus. The Board also found that the Veteran's hypertension, migraines, vertigo, left knee disorders (including left ankle sprain and right knee meniscal tear with degenerative arthritis), right ankle disorders (including left ankle sprain and right knee meniscal tear with degenerative arthritis), right foot disorders (including left ankle sprain and right knee meniscal tear with degenerative arthritis), left foot disorders (including left ankle sprain and right knee meniscal tear with degenerative arthritis), right leg varicose veins, and left wrist disorder are also granted secondary to service-connected tinnitus.

The Board has determined that further development and action is needed to determine the Veteran's claims for service connection for various disabilities, including arthritis of the knees, sleep apnea, back disability, and right ankle disability. The appeal will be remanded for additional examinations and opinions.

The Veteran's service-connected disabilities, including his orthopedic conditions and diabetes mellitus, render him unable to secure or follow a substantially gainful occupation.

The Board has remanded the claims for bilateral knee and ankle disabilities due to inadequate development of records and scheduling of VA examinations.

The Board has determined that the Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment prior to August 7, 2020.

The Board has remanded the claims for a total disability rating based on individual unemployability, an increased rating for service-connected back disability, and service connection for a right ankle disability due to incomplete development of records.

The Board has denied service connection for a left ankle disability and remanded the issue of rating migraine headaches in excess of 30%. The Veteran's claim is being returned to the RO for further development.

The Veteran's right knee and left foot conditions have been granted service connection.,A 10 percent rating for degenerative disease of the left knee has been restored effective September 2, 2016.

The Board has granted service connection for a lower back disability, right ankle disability, and left shoulder disability. The Veteran's right shoulder disability is considered pre-existing.,Service connection was also granted for the Veteran's right shoulder disability due to his active-duty service.

The Veteran's claim for a rating in excess of 20 percent for right ankle DJD prior to November 2, 2012 was denied. The Board also found that the Veteran did not meet the criteria for TDIU due to service-connected disabilities.

The Board has remanded the claims for service connection for right and left ankle disabilities due to insufficient medical opinions addressing the onset of these conditions during service or their relation to service, including the Veteran's reported jumping off tanks.

The Board has decided to remand the case due to non-compliance with previous remand instructions regarding a new VA examination for the Veteran's right ankle disability. The examiner was not asked to address whether the Veteran's right ankle disability presents as equivalent to ankylosis during flare-ups.

The Board has determined that additional development is needed for the Veteran's left thumb and right ankle disabilities, as the previous VA examinations did not adequately assess functional loss due to repetitive use over time or during flare-ups.

The Veteran's left ankle strain and degenerative joint disease of the left first metatarsal are currently rated at 10 percent each, with no higher ratings allowed under current regulations.,The Veteran's lower extremity radiculopathy and compression parasthesia associated with lumbosacral strain since March 17, 2023 is also rated at 10 percent.

The Veteran's claims for residuals of frostbite of the bilateral feet, right ankle disability, left leg disability, and right leg disability have been granted.,The Veteran's claim for a right ankle disability has been denied.

The Board remands the claims for service connection and an increased rating for further development, including obtaining updated VA treatment records and a contemporaneous examination.

The Veteran's left ankle disability is being remanded for further examination and consideration of the evidence, including service treatment records and any outstanding medical records.

The Veteran's service-connected PTSD, anxiety, and depressed mood are granted. His OSA is rated at the maximum allowable rating of 50 percent. The right ankle sprain and TBI residuals as of April 18, 2019, each receive a 50 percent rating.