Ankle decisions — 2024

The Veteran's claims for increased ratings and service connection have been remanded due to insufficient evidence. The left ankle disability remains rated at 20 percent, while the major depression rating is denied.

The Board has granted service connection for a left ankle disability, a lumbar spine disability, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity, all related to active duty service.

The Board has dismissed all appeals due to the Veteran's death.

The Board has determined that the claims for service connection for left knee and left ankle conditions, secondary to service-connected right knee and ankle conditions, must be remanded due to inadequate opinions from previous VA examinations.

The Board has remanded all issues on appeal due to the need for additional medical examinations and opinions regarding the etiology of various service-connected conditions.

The Board denied service connection for bilateral hearing loss, hepatitis C, left ankle condition, right ankle condition (claimed as residuals of right ankle sprain), and vision condition. Service connection was remanded for diabetes mellitus type II and hypertension.,Service connection for diabetes mellitus type II and hypertension were also remanded.

The Veteran's claims for service connection for a right ankle condition and hypertension are being remanded due to inadequate medical opinions. The AOJ is instructed to obtain additional opinions addressing the etiology of these conditions.

The Veteran's service-connected disabilities, including persistent depressive disorder with other specified trauma and stressor related disorder, chronic headaches, right shoulder impingement syndrome with rotator cuff tendonitis, degenerative arthritis of the spine, left knee strain with bursitis, chronic right knee strain, left ankle lateral collateral ligament strain, chronic right ankle sprain, allergic conjunctivitis, and tinnitus, render him unable to secure or follow substantially gainful employment as a result of his service-connected disabilities. As such, TDIU is granted from August 26, 2020.

The Board has remanded the Veteran's claims of service connection for left ankle, right knee, left knee, left shoulder, low back, and upper back conditions due to insufficient evidence on record.

The Veteran's service-connected hip and knee conditions have been rated as noncompensable under the relevant diagnostic codes for limited motion. The Board finds that higher initial ratings are not warranted based on the evidence of record.

The Veteran's left ankle sprain and left knee anterior cruciate ligament tear and partial patellar tendon tear are granted. The effective date for the award of service connection is May 16, 2019.

The Veteran's service-connected PTSD with depressive disorder does not meet the criteria for SMC based on aid and attendance due to his ability to dress, feed himself, and perform daily activities. He is also not considered housebound due to his service-connected disabilities.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's right ankle strain caused or aggravated his hypertension, and if so, whether obesity is an intermediate step in this causal chain.

The Board has granted service connection for right and left knee disorders, but denied service connection for right ankle disorder, left ankle disorder, and bilateral or unilateral foot disorder. The denial of the latter three conditions is based on a lack of evidence linking these conditions to service.

The Veteran's claim for DIC benefits under 38 U.S.C. § 1318 was denied because he did not meet the statutory ten-year duration requirement for a 100% rating at the time of his death, nor was he in receipt of a total disability rating continuously since his discharge from active duty.

The Board denied the Veteran's claims of service connection for left ankle condition, hypertension as secondary to lumbosacral strain, and sleep apnea as secondary to lumbosacral strain.

The Board has granted an earlier effective date of February 15, 2020, for the 20 percent rating for left ankle fracture healed with residuals based on evidence showing increased severity prior to the Veteran's claim.

The Veteran's claim for service connection for jock itch (tinea cruris) has been denied as there is no persuasive evidence of a current diagnosis or in-service incurrence.,Service connection for left-sided and right-sided hernias, pseudo folliculitis of the face, pseudo folliculitis of the neck, lumbar spine disability, sciatic radicular pain and paresthesia of the lower extremities, left foot bunion, right foot bunion, toenail fungus and tinea pedis, left foot pes planus, right foot pes planus, left ankle disability, right ankle disability, osteoarthritis of the hips, left wrist disability, and right wrist disability has also been denied as there is no persuasive evidence of a current diagnosis or in-service incurrence.,The Veteran's service treatment records are silent regarding any complaints or diagnoses related to these conditions. Post-service medical records do not provide evidence of current diagnoses for any of the claimed conditions.

The Veteran's lumbar spine and right ankle disabilities are rated based on limitation of motion. The Board found the criteria for higher ratings were not met.,Service connection for obstructive sleep apnea is remanded due to a duty to assist error.

The Veteran is unable to secure or follow a substantially gainful occupation due to the cumulative effects of his service-connected disabilities, and the Board has granted entitlement to a total disability rating based on individual unemployability (TDIU).