Ankle decisions — 2024

The Veteran's appeal for increased ratings and service connection was denied. The lumbar spine disability is rated at 10 percent, right ear hearing loss at 10 percent, and the remaining conditions are not granted.

The Board has granted service connection for a left ankle strain but denied service connection for hearing loss disability.

The Board has dismissed the appeal due to the Veteran's death, and no substitution request was made within the required timeframe.

The Board has granted an earlier effective date of August 18, 2021 for the grant of service connection for painful left and right ankle scars. The Veteran's complaints of pain at the site of his scars were consistent since he submitted a claim for increased ratings on August 20, 2021.

The Veteran's GERD and ankle, knee, hip disabilities were all denied increased ratings.,Specifically, the Veteran's GERD was rated at 10 percent, his right ankle disability at 10 percent, his left knee and right knee disabilities at 10 percent each, his left hip disability based on limitation of extension at 10 percent, his left hip disability based on limitation of flexion at 10 percent, and his right hip disability based on limitation of abduction at 10 percent.

The Board denied service connection for an acquired psychiatric disability, pulmonary fibrosis, hypertension, bilateral shoulder and knee disabilities, and post-operative right ankle fracture as the evidence did not support a link to active service.

The Board has remanded the cases for further development and consideration due to pre-decisional duty to assist errors.

The Veteran's appeal for a higher rating for his right knee disability is remanded. The issue remains on appeal and will be considered by the AOJ in the adjudication of those claims.

The Board denied the Veteran's appeal regarding his service connection claims for right ankle, right shoulder, and neck disorders due to a finding that the February 2018 Notice of Disagreement (NOD) was not timely filed.

The Board has remanded the Veteran's claims for service connection for sleep apnea and right ankle disability due to incomplete medical opinions. The Veteran is seeking service connection based on exposure to burn pits during active duty.

The Board has remanded the Veteran's claims for service connection for bilateral knee and ankle disabilities due to inadequate VA medical opinions. The case is now pending with a request for a supplemental examination.

The Veteran's service connection claims for a left ankle disability and unspecified anxiety disorder are being remanded due to the need for additional development, including obtaining medical opinions regarding the onset of these conditions during active service.

The Board has granted service connection for right ankle lateral collateral ligament sprain and left ankle lateral collateral ligament sprain. The claim of service connection for back disability is remanded due to a duty to assist error.

The Board has decided to remand the Veteran's claims for service connection due to errors in the pre-decisional duty to assist. The AOJ will need to obtain additional evidence and provide a new or addendum medical opinion.

The Veteran's appeal for an increased rating of his left wrist sprain disability and service connection for a left ankle disability is remanded due to duty to assist errors.

The Board has denied the Veteran's claim for service connection for bilateral hearing loss. The claims for left shoulder, left knee, and left ankle disabilities are remanded due to procedural errors in the original decision.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's left ankle, left knee, right hip, lumbar spine, and cervical spine disabilities are related to his service-connected motor vehicle accident. As such, service connection for these conditions is granted.

Service connection for PTSD, a bilateral ankle disability, and a disability manifested by shortness of breath other than asthma was denied. The Veteran's TDIU claim was dismissed as the AOJ had already granted eligibility for treatment under 38 U.S.C. § 1702 in an earlier decision.,TDIU claim was dismissed because the AOJ had already granted the Veteran's eligibility for treatment under 38 U.S.C. § 1702, which effectively resolved this issue.

The Board has decided to remand the case due to a pre-decisional duty to assist error, specifically failing to provide a VA examination as required by McLendon v. Nicholson (2006). The Veteran is entitled to such an examination and medical opinion.

The Veteran's appeal for service connection on six separate conditions has been dismissed due to the withdrawal of the appeal by his authorized representative.