Ankle decisions — 2024

The Board has remanded the Veteran's claims for bilateral ankle lateral collateral ligament sprain due to a lack of competent medical evidence to determine the nature and etiology of the condition. The case will be returned for further development.

The Board denied the Veteran's claim for an earlier effective date for a total disability rating based on individual unemployability (TDIU) prior to May 2, 2016. The evidence did not show that there was an increase in disability during the one-year period before the date of the Veteran's claim.

The Veteran's claim for a rating in excess of 10 percent for a right ankle disability prior to October 3, 2015 is denied. The claims for service connection of PTSD and TDIU are granted with an initial evaluation of 70 percent effective February 22, 2012, and a total disability rating based on individual unemployability effective September 13, 2015.

The Board has denied a rating in excess of 50 percent for sleep apnea and asthma, but has remanded the claims for service connection for left foot strain with tendonitis and left ankle fracture.

The Board has remanded the claims for service connection due to incomplete service treatment records and inadequate VA medical opinions. The appellant's service records are not complete, and additional VA medical opinions are needed to address the etiology of his claimed disabilities.

The Veteran's acquired psychiatric disorder, bilateral ankle and leg blister disorder, and scrotal blister disorder with tinea pedis have been granted increased disability ratings. The psychiatric disorder is rated at 70 percent since May 11, 2020; the ankle and leg blister disorder is rated at 10 percent prior to April 8, 2021, and 10 percent thereafter; and the scrotal blister disorder with tinea pedis are both rated at 10 percent.

The Veteran's bilateral hearing loss has been rated as noncompensable. The Board is remanding the claims for service connection for right knee arthritis, left knee arthritis, left foot condition, and left ankle condition due to a duty to assist error.,The Veteran's right knee arthritis, left knee arthritis, left foot condition, and left ankle disability are being remanded as well.

The Board has determined that the Veteran's right ankle disability is currently rated as 10 percent disabling, and finds no basis to grant a higher rating. The left ankle issue remains pending due to insufficient evidence.

The Board has denied the Veteran's claim for an increased rating for residuals of a left ankle fracture, finding that the evidence does not support a higher rating based on current symptoms and examination findings.

The Veteran's appeals for increased ratings were dismissed. The Board granted initial disability ratings of 30 percent and 10 percent, but no higher, for tension headaches and gastroesophageal reflux disease (GERD), respectively.

The Veteran's claims for bilateral hearing loss, tinnitus, an acquired psychiatric disorder (to include PTSD, anxiety, and depression), allergic rhinitis, chronic sinusitis, left elbow disability, right elbow disability, neck disability, colostomy, diverticulosis, bilateral foot condition, heart disability, hemorrhoids, left ankle disability, right ankle disability, left hip disability, right hip disability, left knee disability, right knee disability, left shoulder disability, right shoulder disability, left wrist disability, right wrist disability, back disability, colon polyps, prostate disability, and vertigo were denied as there is no evidence of current diagnoses or a causal relationship to service.

The Board has denied the Veteran's claims for service connection for a right ankle condition and bilateral foot condition, finding that there is no current diagnosis of these conditions. The Board also remanded the bilateral foot condition claim due to an inadequate VA examination.

The Board has determined that the VA examinations and opinions related to the Veteran's right hip and ankle disabilities were inadequate, and thus remanded for further action.

The Board has denied the Veteran's claims for service connection for PTSD, residuals of a broken nose, sterility, and prostate cancer. The claims for left hip disability, right hip disability, left ankle disability, right ankle disability, right knee disability, and eye disability are remanded for further development.

The Veteran's tinnitus, left ankle sprain, right ankle condition, and low back condition are denied as service connection is not established. The Veteran's neck condition is also denied.,The Veteran's left foot tingling (lower extremity radiculopathy) is remanded due to its inextricable link with the claimed low back condition.

The Veteran's attorney has withdrawn all appeals related to the issues listed on the title page. As a result, the appeal is dismissed.

The Board has remanded the Veteran's claims for service connection for various shoulder and ankle conditions due to a failure to verify his service in the Southwest Asia theater of operations during the Persian Gulf War, and because VA did not provide an adequate examination regarding the relationship between these conditions and service.

The Veteran's pleural effusion and pericarditis are granted service connection, while the right ankle disability is denied.

The Veteran's left ankle disability is granted an initial 20 percent rating, but not higher. The matter of entitlement to TDIU is remanded.

The Board has remanded the claims for service connection due to a duty to assist error in failing to obtain an adequate examination. The Veteran's conditions are related to his military service, but there is no evidence of chronicity of care.