Ankle decisions — 2024

The Veteran's claims for service connection for tooth condition, malignant tumors, and left ankle condition are being remanded due to the need for additional medical opinions. The Board will consider all evidence in its decision.

The Veteran's service-connected bilateral ankle, knee, and hip disabilities are being remanded for further development due to inadequate examinations at the time of the initial decision.

The Board dismissed the claims for service connection for a lumbar spine condition, left knee condition, left ankle condition, and right ankle condition as they were found to be duplicative appeals. The claim for a neck condition was remanded for further development.

The Board granted service connection for acute right ankle strain, left ankle strain, left knee strain, and neck strain but denied service connection for right hand thumb pain and a vestibular condition.

The Board denied service connection for multiple conditions, including a back condition, hearing loss, tinnitus, diabetes mellitus type 2, and various musculoskeletal disorders. The appeal of the claims for a back condition, bilateral hearing loss, and tinnitus was dismissed due to untimely notice of disagreement.

The Board denied the Veteran's claims for service connection for right ankle disability, left ankle disability, right shin splint, and left shin splint. The Board found no evidence of a chronic or continuous bilateral ankle or shin splints during service or within one year after separation.,There was no evidence that the Veteran experienced symptoms of these conditions until years after separation from service.

The Board denied service connection for all claimed disabilities, finding that the Veteran did not provide sufficient evidence to establish a present disability.

The Veteran's service-connected left and right ankle conditions are rated at 10 percent, which is the maximum rating available under Diagnostic Code 5271 for moderate limitation of motion. The Board finds that the evidence does not support a higher rating based on limitation of motion.

The Board denied a compensable rating for ingrown toenails, right 5th toe dermatophytosis and left knee patellofemoral pain syndrome, granted a 20 percent rating for radiculopathy involving the sciatic nerve of the left lower extremity effective October 31, 2021, and denied compensable ratings for scars of the left forearm and ankle as well as an initial rating in excess of 30 percent for bilateral pes planus with plantar fasciitis.

The Board has remanded the claims of entitlement to initial ratings in excess of 10 percent for service-connected right and left ankle sprains, as well as the matter of entitlement to a TDIU prior to January 28, 2018. The Veteran is required to undergo an adequate VA examination to assess his ankle disabilities.

The Board has denied service connection for scars, lumbar spine disability, left knee disability, right knee disability, left ankle disability, and right ankle disability. The Veteran's peripheral vestibular disorder was also denied as secondary to a service-connected condition.

The Board denied the Veteran's request for an earlier effective date for his service-connected right ankle disability, finding that he was in receipt of the earliest possible effective date due to lack of unadjudicated formal or informal claims prior to May 15, 2013.

The Veteran withdrew his appeals regarding service connection for scars of both hands and forearms, a back condition, and allergies. The Board dismissed the appeal as these issues were withdrawn by the appellant.

The Veteran's right ankle condition is rated at 10 percent, effective March 28, 2016. The Board found that the evidence does not support a higher rating due to lack of ankylosis or other specific criteria for increased ratings.

The Veteran's claims for increased ratings and TDIU have been remanded due to pre-decisional duty to assist errors. The issues include bilateral pes planus with arthritis, right ankle instability, left ankle instability, and TDIU.

The Veteran's TDIU claim is being remanded for a determination on whether he should have been granted TDIU prior to February 23, 2021. The Board finds that the Veteran has continuously pursued his service connection claims since April 25, 2018 and that the issue of whether TDIU can be granted prior to February 23, 2021 remains on appeal.

The Board has remanded the claims for left ankle, left hip, left knee, right hip, and right knee conditions due to failure of the Veteran to attend scheduled VA examinations.

The Board has denied service connection for various conditions including an acquired psychiatric disorder, residuals of traumatic brain injury (TBI), headaches, bilateral eye refractive error, cervical spine disorder, bilateral shoulder disorder, bilateral hip/thigh disorder, bilateral upper and lower extremity nerve damage, bilateral ankle disorder, bilateral plantar fasciitis, and dry skin disorder. The denial is based on the lack of diagnosed conditions in service or recent to the filing of the claim.

The Veteran's appeals for increased ratings and TDIU were dismissed due to a procedural defect in how the appeal was filed.

The Veteran seeks an earlier effective date for the grant of Individual Unemployability (TDIU) and Dependents' Educational Assistance (DEA). The Board denied both claims.,For TDIU, the evidence did not show that the Veteran was unemployable prior to August 29, 2017. For DEA, eligibility was based on the effective date for TDIU.