Ankle decisions — 2024

The Veteran's right ankle condition is rated at 10 percent, as the evidence does not show marked limited motion of the ankle.,The Veteran's lumbar spine condition is currently rated at 20 percent due to incapacitating episodes having a total duration of less than 4 weeks during the past 12 months.

The Board has granted service connection for the Veteran's claimed left, right ankle and calf conditions as well as her claimed left and right foot conditions, all secondary to her service-connected bilateral plantar fasciitis.

The Veteran's claim for right knee total replacement, migraine headaches, internal derangement of the right ankle, major depressive disorder, degenerative arthritis with IVDS and strain in the lumbar spine, sciatic radiculopathy in both lower extremities, left knee meniscectomy residuals, and left knee instability was denied. The effective date for the grant of service connection is set at June 14, 2014.

The Veteran's service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment.

The Board has remanded the claims of service connection for left ankle injury, left eye injury, diabetes mellitus type II, and chronic feet fungus due to a duty to assist error.

The Veteran's appeal for a higher rating for recurrent right ankle sprains has been denied as the evidence does not support a rating in excess of 10 percent.,The Veteran's appeal for a compensable rating for his right ankle surgical scar has also been denied due to the scar measuring less than 144 square inches and not associated with underlying soft tissue damage.,The Veteran's PTSD claim is remanded as there was an error in failing to consider updated evidence showing suicidal ideation.

The Veteran's left and right foot calcaneal spurs, as well as the residuals of her left and right leg tibial fractures, have been granted increased ratings to 30 percent each. The effective date is February 5, 2019.

The Veteran's need for regular aid and attendance was not due to her service-connected disabilities, but rather the effects of her non-service-connected terminal metastatic colon cancer. The Board denied the claim for SMC based on aid and attendance.

The Board has granted service connection for bilateral ankle pain, bilateral knee pain, bilateral shoulder pain, bilateral hip pain, neck disability pain, and neuropsychological signs or symptoms due to an undiagnosed illness.

The Veteran's appeal for a higher rating for recurrent right ankle sprains has been denied as the evidence does not support a rating in excess of 10 percent.,The Veteran's appeal for a compensable rating for his right ankle surgical scar has been denied as the scar area is less than 144 square inches and not associated with underlying soft tissue damage.,The Veteran's appeal for an increased rating for PTSD remains pending due to a duty-to-assist error in the prior decision.

The Veteran's left ankle disorder is denied as there is no persuasive evidence that it began during service or is related to an in-service injury.,The Veteran's right and left arm scars are not painful, unstable, or measure more than 144 square inches (929 square centimeters), thus denying initial compensable ratings under Diagnostic Codes 7802 and 7804.,Starting October 28, 2019, the Veteran's right and left arm scars are painful but not unstable or measure more than 144 square inches (929 square centimeters), thus denying a disability rating in excess of 10 percent under Diagnostic Code 7804.,The Veteran's bilateral hearing loss is denied as his hearing acuity does not meet the criteria for an initial compensable rating.

The Board has remanded the Veteran's claims for service connection for right and left ankle disabilities, as secondary to his service-connected bilateral foot disabilities. The case will be reviewed with a focus on whether the current ankle disabilities are related to military service or if they would have been less severe without his service-connected foot disabilities.

The Board has dismissed the appeals for entitlement to service connection for various conditions, including left and right ankle disabilities, an eye disability, flat feet, a left foot disability, a left groin disability, perirectal abscess, pilonidal cyst, and hemorrhoids. The issue of service connection for a skin disability (urticaria and dermatitis) is remanded.

The Veteran's left ankle sprain is rated at a 20 percent disability rating, effective from June 24, 2020.

The Board has remanded the claims of service connection for bilateral hearing loss and right ankle disability due to inadequate medical opinions and a failure to obtain all relevant private records.

The Board has granted service connection for the Veteran's left ankle disability, finding that it is at least as likely as not related to his military service. The decision is based on direct evidence of injury during service and subsequent development of arthritis.

The Board has decided to remand the Veteran's claims for service connection for left ankle strain and left shoulder strain due to inadequate medical opinions. The VA will need to provide adequate examinations and opinions to determine if these conditions are related to her active duty.

The Board has determined that there was a duty to assist error in the November 2021 rating decision and has remanded the case for further development.

The Board dismissed the appeal for an initial compensable rating for ED. The issues of service connection for right hip disability, bilateral foot disability, right foot disability, left foot disability, bilateral tibial fracture, right ankle disability, and left ankle disability have been reopened due to new evidence submitted by the Veteran.

The Board has determined that a remand is necessary to correct a pre-decisional duty-to-assist error, including obtaining an examination for the right foot and providing medical opinions regarding its etiology.