Ankle decisions — 2024

The Board denied a rating of over 20 percent for left ankle disability and a rating of over 50 percent for mental disorder.

The Board has decided to remand the case due to errors in verifying the Veteran's periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA). The AOJ is required to verify these periods, obtain service treatment records from Brooke Army Medical Center, particularly those from January to April 2002, and correct any duty-to-assist errors.

The Veteran's claim for service connection for tinnitus was denied. The Board found that the evidence did not support a finding of current disability related to military service.,The reduction in rating from 10 percent to noncompensable for right lower extremity radiculopathy was improper and the 10 percent rating is restored.

The Board has determined that the Veteran's current right ankle disability may be related to his active service, but a VA examination is needed to confirm this and assign any appropriate rating.

The Veteran's back disability is granted as service connected. The left ankle strain is remanded for further review.

The Veteran's chronic bronchitis is rated at 30 percent, which is the maximum available under DC 6600. The claim for a higher rating is denied.,The Veteran's left humerus fracture is rated at 30 percent, which is the maximum available under DC 5201. The claim for a higher rating is denied.,The Veteran's residuals of fractured left ankle are currently rated at 10 percent and his residuals of fractured right ankle are also rated at 10 percent. Both claims are remanded as they may warrant an increased rating.

The Veteran's service connection claims for migraines, ingrown toenails (right foot), and TMJ dysfunction have been granted. The claims for right ankle condition, left ankle condition, scar on the right leg, and low back condition are being remanded.

The Veteran's claims for service connection have been remanded due to the need for additional medical examinations and records.

The Veteran's appeal is remanded for further development due to incomplete VA examination reports and missing VA treatment records.

The Veteran's left ankle and left shoulder disabilities are remanded for additional development to address the relationship between her current conditions and service, including any in-service injuries.

The Veteran's right ankle traumatic arthritis and lateral collateral ligament sprain are currently rated at 10 percent, but the Board found that this rating is not warranted as his disability does not meet or approximate the criteria for a higher rating.

The Veteran's claims for service connection for various disabilities, including TBI, vertigo, sleep apnea, and neurological impairment of the upper and lower extremities due to cold exposure, have been dismissed. The Board found that the Veteran does not have these conditions or their claimed causes.

The Board has decided to remand the claims for neck and left ankle conditions due to insufficient medical opinions regarding their etiology. The Veteran's lay statements are not considered competent evidence of causation.

The Veteran's claims for increased ratings and service connection were denied. The rating for residuals of postoperative right knee lateral collateral ligament strain remains at 10 percent, while other conditions are either not granted or remanded.

The Board has dismissed all claims of service connection for various conditions due to the Veteran's request for withdrawal of his appeal.

The Veteran's right ankle disability is related to his military service and has been granted. The claims for chronic bronchitis and low back disability are remanded.

The Veteran's initial compensable disability rating for allergic rhinitis was denied.,The Veteran's initial disability rating in excess of 70 percent for PTSD was denied.

The Veteran's service connection for left shoulder dislocation with traumatic arthritis and right ankle degenerative arthritis was restored as both conditions are directly related to his military service.

The Veteran's right shoulder, left shoulder, and left ankle disabilities are being remanded for further review.,New evidence has been submitted supporting the claims of service connection for these conditions.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected musculoskeletal conditions with obesity as an intermittent step. The evidence shows that the Veteran's weight gain, which is a result of his service-connected musculoskeletal conditions, led to his diagnosis of sleep apnea.