Ankle decisions — 2024

The Veteran's claims for TDIU and DEA benefits were denied as effective dates prior to February 15, 2016 are not warranted due to the lack of evidence showing he was unable to secure or follow a substantially gainful occupation by reason of his service-connected disabilities prior to that date.

The Board has determined that the Veteran's current left ankle disability had its onset during his active service and granted service connection for this condition.

The Veteran's claims for effective dates prior to May 23, 2016, for the grant of service connection for left knee disability, left knee scars, and right ankle disability have been denied.,The Board found that there was no evidence of an informal claim prior to March 24, 2015, indicating the Veteran's intent to file a claim for these disabilities.

The Veteran's appeal for effective dates of service connection claims was dismissed because the appeals were considered concurrent elections under the Rapid Appeals Modernization Program (RAMP).

The Board has remanded the Veteran's claims for left ankle strain, left knee strain, and lumbosacral strain due to a duty to assist error that occurred prior to the February 2021 rating decision on appeal. The VA is required to obtain medical opinions as to whether these disabilities are related to service.

The Board finds that service connection is warranted for a right lung granuloma, as the evidence is at least in relative equipoise that it had its onset during active duty.

The Veteran's primary insomnia disorder is granted a 50 percent rating, effective January 10, 2018. The right ankle deltoid ligament repair is granted a 50 percent rating as of the same date.

The Veteran's service-connected bilateral ankle disabilities, right elbow disability, and right knee disability are found to have caused or aggravated his obesity, which in turn resulted in his obstructive sleep apnea. As such, the Board grants service connection for obstructive sleep apnea.

The Board has granted the Veteran's claim for service connection for degenerative arthritis of the left ankle, finding that it is related to his active-duty service.

The Board has remanded the case due to an inadequate VA examination, and the Veteran's claim for service connection for chronic left ankle pain is being returned to the AOJ for further action.

The Veteran's appeal includes multiple issues related to various disabilities, including GERD and several musculoskeletal conditions. The initial rating for GERD was denied due to the lack of symptoms meeting a higher rating criteria. Other claims are remanded as there is insufficient information regarding the Veteran's service-connected periods.

The Veteran's left ankle disability, Raynaud's syndrome, and Gulf War syndrome with chronic fatigue syndrome have been granted service connection.,A 40% disability rating for Raynaud's syndrome is granted effective January 1, 2014. The Veteran's Gulf War syndrome and chronic fatigue syndrome are rated at 60% effective May 5, 2017.

The Board has denied the veteran's claim for service connection for a right ankle disability, finding that there is no current diagnosed disability and no evidence of aggravation during service. The appellant did not have a right ankle disability at any time during or approximate to the pendency of her claim.

The Veteran's claims for increased ratings for bilateral hearing loss, left ankle sprain with osteoarthritis, and right ankle sprain with osteoarthritis were denied. The evidence did not support a higher rating under the applicable criteria.

The Veteran's claims for increased disability ratings for his service-connected left ankle and left foot disabilities were denied. The left ankle disability was found to not meet the criteria for a higher than 10 percent rating, while the left foot disability prior to December 31, 2020, did not warrant a higher than 10 percent rating, but from that date onward, it did not meet the criteria for a higher than 30 percent rating.

Service connection for left ankle, right ankle, right knee, and left knee conditions is denied.,The Veteran's claims of service connection for PTSD and a back disability are remanded.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examinations and incomplete records. The Veteran is entitled to additional etiology opinions on his acquired psychiatric, respiratory, cardiac, vestibular, hearing loss/tinnitus, and orthopedic disabilities.

The Veteran's appeal for increased ratings for left and right knee disabilities is remanded due to the need for a new examination. The Veteran also has bilateral shin splints that are currently rated as noncompensable.

The Veteran's service-connected disabilities, including major depressive disorder, coronary artery disease, gout, and right ankle degenerative joint disease and fracture, prevent him from obtaining and maintaining substantially gainful employment consistent with his educational background and work experience. The Board granted entitlement to a total disability rating based on individual unemployability (TDIU).

The Veteran's service-connected disabilities do not meet the criteria for SMC based on aid and attendance/housebound status as he is able to perform most daily activities independently, including walking short distances without assistance.