Ankle decisions — 2024

The Veteran's irritable bowel syndrome was granted service connection effective January 6, 2021. The Board has remanded the claims for service connection for right ankle, shoulder, and knee disabilities as well as a rating in excess of 10 percent for lumbosacral strain.

The Veteran's appeal was dismissed due to their death during the pendency of the appeal.

The Board has decided to remand the case due to inadequacies in previous medical opinions and a need for further evidence.

The Veteran's claims for service connection and a higher rating are being remanded due to duty-to-assist errors related to incomplete records, including missing STRs and SPRs. The Veteran is also seeking a higher rating for prostate cancer residuals and service connection for gout of the ankles.,The Veteran's claim for service connection for gout of the ankles is also being remanded because VA failed to secure an examination and opinion on whether the disability is related to herbicide exposure.

The Board has decided to remand the Veteran's claims for gastroesophageal reflux disease, a left ankle disability, and stress urinary incontinence due to incomplete or inadequate medical examinations and opinions. The AOJ must obtain adequate etiology opinions and any outstanding VA treatment records.

The Veteran's claim for an evaluation in excess of 10 percent prior to April 1, 2024, and in excess of 20 percent thereafter for his service-connected left ankle disability is being remanded due to the need for additional development.

The Board has remanded the Veteran's claims for increased ratings due to failure to attend scheduled VA examinations. The Veteran is advised to contact VA and provide a reason if he cannot attend the upcoming examinations.

The Board has granted service connection for cervical strain, left ankle strain, and right lower extremity sciatica secondary to lumbosacral strain. Service connection for left lower extremity radiculopathy was denied due to lack of current diagnosis.

The Board has granted a 20 percent rating for the Veteran's left ankle disability, which approximates marked limitation of motion. The highest schedular rating available is 20 percent.

The Veteran's claims for tinnitus and a left ankle condition have been denied as there is no medical evidence establishing a nexus between the conditions and service.,There are no chronic disabilities or symptoms of tinnitus or left ankle issues noted during or immediately following service, and the Veteran has not provided credible evidence to support his assertions of continuity of symptomatology.

The Board has found that the VA did not properly consider the Veteran's National Guard service and additional periods of active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA). The Board is requesting further clarification on these dates to determine if they qualify as qualifying service. Additionally, the AOJ needs to obtain any relevant Army National Guard treatment records.

The Board has remanded the case due to errors in verifying the Veteran's periods of active duty for training and inactive duty for training, as well as a need for an addendum medical opinion regarding the etiology of her right ankle disorder.

The Board has dismissed the Veteran's appeals for ratings greater than 20 percent for lumbar strain with spondylolisthesis and joint space narrowing, a compensable rating for right medial tibial stress syndrome (also claimed as right ankle shin splints), and a rating greater than 30 percent for asthma.

The Board denied the Veteran's claims for service connection for a left ankle condition and bilateral hearing loss, finding no current disability or evidence of in-service injury that would support these claims.

The Veteran's current diagnoses of right ankle, knee, hip, back, skeletal arthritis, bilateral eye condition, vertigo, headaches, peripheral neuropathy of the upper and lower extremities do not meet the criteria for service connection.,Service connection is denied for all claimed conditions.

The Veteran's left ankle tendonitis, chronic sinusitis, cephalgia, linear right brow scar, and right shoulder strain are all found to be service-connected.,Service connection is granted for the Veteran's left ankle tendonitis, chronic sinusitis, cephalgia, linear right brow scar, and right shoulder strain.

The Veteran's hypertension is presumed to have been incurred in service due to herbicide agent exposure. Service connection for erectile dysfunction, left ankle disorder, and low back disorder is remanded as the evidence does not establish a direct or secondary relationship with service.

The Veteran's initial claim for tension headaches was denied, and the AOJ assigned a non-compensable rating. The Board is remanding this issue.,The Veteran's unspecified depressive disorder was initially rated at 10%, but evidence suggests it may be more severe. The AOJ should schedule an updated examination to assess severity before assigning any new rating.,The Veteran's right ankle lateral collateral ligament sprain was initially rated at 10%. The AOJ should schedule another examination to correct the pre-decisional duty to assist error regarding functional loss and pain assessment.,The Veteran's supraventricular arrhythmia (sinus bradycardia) was initially rated as asymptomatic. The AOJ should schedule a heart examination to clarify whether exercise-based METs testing is medically contraindicated or available for accurate assessment of the disability.,The Veteran's pectus excavatum, status post chest wall reconstruction, was initially assigned a non-compensable rating due to its asymptomatic nature and pre-service percentage being zero. The AOJ should schedule another examination to correct any duty to assist errors.

The Veteran's attempt to appeal the August 2016 decision denying a clothing allowance for the year 2016 based on the use of an ankle brace was dismissed because it was not timely filed.

The Board denied the Veteran's claim for a higher rating for his left ankle disability, finding that it did not meet the criteria for a higher rating than the current 10 percent assigned.