Ankle decisions — 2024

The Veteran's claims for higher ratings for his right ankle sprain, sciatica, and shoulder strain have been denied. The adjustment disorder rating has been restored to 50% effective May 2, 2022.

The Board has remanded the case due to insufficient nexus opinions in the initial decision, and a new addendum is needed from an appropriate clinician.

The Veteran's low back strain disability is granted an increased rating of 20 percent, but no greater. The adjustment disorder with depressed mood due to joint pain of the low back strain, bilateral knees, bilateral shoulders, and left ankle strain is granted a 50 percent initial rating, but no greater.

The Veteran's claim for an evaluation in excess of 20 percent for service-connected left ankle disability is denied as the highest schedular rating has been assigned.

The Board has remanded the claims for further development and readjudication due to a failure to comply with an October 2019 Board decision regarding transfer of paper records into VBMS.

The Veteran's claims for increased ratings for bilateral pes planus, right and left knee chondromalacia with retropatellar pain syndrome, genu recurvatum, and meniscal repair residuals, as well as right and left ankle strain residuals are being remanded due to the need for additional development of the record.

The Veteran's appeals for increased ratings and TDIU are being remanded due to the need for additional development of her claims.

The Board has determined that the Veteran's claims for service connection for lower back pain, right ankle condition, right hip condition, and right knee condition must be remanded due to inadequate medical opinions in the June 2017 rating decision. The AOJ will need to obtain new VA examinations and medical opinions from a clinician.

The Veteran's GERD is related to his service-connected disabilities of PTSD, bilateral hand strains, and right ankle ligament strain. The Board granted service connection for GERD as secondary to these conditions.

The Board has denied service connection for chronic fatigue syndrome, fibromyalgia, right ankle disability, and left ankle disability as there is no current diagnosis of these conditions.

The Board has decided to remand the Veteran's claim for service connection of his left ankle condition due to a failure to reschedule a VA examination and a duty-to-assist error.

The Board has remanded the case due to duty-to-assist errors and requires a VA addendum opinion regarding whether the Veteran's left ankle disability is aggravated by his service-connected right ankle disability or caused by obesity as an intermediate step.

The Board has decided to remand the case due to errors in pre-decisional duty-to-assist, and a need for additional medical opinions regarding the etiology of the Veteran's left ankle disorder.

The Board has dismissed the Veteran's appeals for service connection on multiple knee and ankle conditions due to the appellant's withdrawal of the appeal prior to a decision being made.

The Board has decided that the Veteran's claims of service connection for left ankle, right ankle, left foot, and right foot disorders need to be remanded due to a duty to assist error.

The Veteran's service-connected disabilities prevent him from obtaining and maintaining substantially gainful employment, including sedentary employment. The Board grants a TDIU based on the combined evaluation of his service-connected conditions.

The Veteran's right ankle disability characterized by joint pain is related to service and has been granted. The claims for initial compensable ratings for right hip arthritis and bursitis limitation of extension and thigh impairment are remanded.

The Veteran's claim for service connection for bilateral hearing loss has been denied. The Board found that the Veteran does not have current right ear or left ear hearing loss to a level recognized as a ratable disability for VA compensation purposes.

The Veteran's degenerative disc disease of the thoracolumbar spine is rated at 40 percent, which is the maximum rating available under Diagnostic Code 5237.,The Veteran's right ankle disability is currently rated at 10 percent. The VA examiner found that the Veteran’s right ankle disability does not meet or approximate unfavorable ankylosis.

The Board denied the Veteran's request for an earlier effective date of September 17, 2024 for a 20 percent rating for his right ankle lateral collateral ligament sprain with gout. The Board found it not factually ascertainable that he had marked limited motion prior to this date.