Ankle decisions — 2024

The Veteran's claims for increased ratings for his lumbar spine and left ankle disabilities have been denied as there is no new and relevant evidence received since the January 2023 rating decision.

The Board has decided to remand the case due to a duty-to-assist error, requiring a new medical opinion on the etiology of the Veteran's right ankle disability.

The Board has restored a 20 percent rating for the Veteran's left ankle degenerative joint disease with status post left Achilles tendon lengthening procedure, finding that there was actual improvement in his condition.

The Veteran's claims for increased ratings for left foot and left ankle disabilities were denied as the evidence did not show that his conditions warranted a higher rating under any applicable diagnostic codes.

The Veteran's service-connected disabilities, including patellofemoral pain syndrome, posttraumatic stress disorder, tinnitus, Bell's palsy residuals, abdominal pain and diarrhea, right ankle disability, bilateral hearing loss, folliculitis, temporomandibular joint disease, hyposmia associated with Bell's palsy residuals, loss of taste associated with Bell's palsy residuals, and scar, right lower extremity, have rendered him unable to secure or follow substantially gainful employment throughout the appeal period. As such, he is entitled to a TDIU.

The Veteran's TDIU was awarded effective November 3, 2020. The Board finds that there has been a pre-decisional duty-to-assist error in failing to consider a TDIU prior to this date and refers the matter for extra-schedular consideration.

The Board has remanded the claims for a back disability, right ankle disability, and right and left knee disabilities due to insufficient evidence in the current record. The Veteran's service connection claim remains denied as there is no credible evidence of an in-service injury or disease.

Service connection is granted for migraines.,Service connection is denied for left ankle condition, right ankle condition, and left foot condition.

The Board has remanded the claims due to deficiencies in the medical opinions provided by VA. The AOJ is instructed to obtain additional medical opinions addressing the severity of the appellant's ankle and elbow disabilities during the period on appeal, including during flare-ups.

The Board has determined that the Veteran's right ankle strain began during his active duty service and granted service connection for this condition starting from February 28, 2019.

The Board has denied service connection for right cubital tunnel syndrome, rib disability, right ankle disability, and right knee disability as these conditions are not shown to have had their onset during the Veteran's period of honorable service from July 28, 2003 through September 6, 2010.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea, a left ankle disability, and an initial rating greater than 20 percent for intervertebral disc syndrome of the lumbar spine. The Board found that there was no evidence supporting these claims.

The Veteran's claim for service connection for sinusitis was denied as there is no persuasive evidence that the condition began during active service or is otherwise related to an in-service injury, event, or disease.,The Veteran's claims for increased ratings for right and left knee tendonitis were also denied. The Board found that the current flexion and extension limitations do not warrant a higher rating under applicable diagnostic codes.

The Board has granted the Veteran's claims for service connection for left and right ankle conditions, finding that there is at least a 50% likelihood that these conditions are related to his active duty service.

The Veteran's claim for an earlier effective date of November 3, 2017 for the grant of service connection for his left ankle disability is granted. The Veteran's claim for a higher initial rating for his left ankle disability (limitation of motion) and separate initial 20 percent rating for left ankle instability is denied.

The Veteran's claims for service connection for vertigo, right shoulder disability, right ankle disability, left ankle disability, right knee disability, left knee disability, right hip disability, and left hip disability are denied. The Veteran's claim for service connection for a psychiatric disability (to include major depressive disorder and borderline personality disorder) is remanded.,The Veteran's claim for service connection for syncope is also remanded.

The Board has decided to remand the case due to inadequate VA examinations and a need for an examination without considering the ameliorative effects of medication on the Veteran's gout.

The Board has granted the Veteran's claim for service connection for a left knee condition, as secondary to his service-connected left ankle condition.

The Veteran's service-connected disabilities, including degenerative arthritis of the back and multiple hip, knee, ankle, and plantar fasciitis conditions, rendered him unable to secure or follow a substantially gainful occupation. The Board granted TDIU effective December 12, 2018.

The Veteran's bilateral hearing loss and tinnitus are granted as service connection for compensation purposes.,Service connection is denied for a sleep disability due to insufficient evidence linking the condition to service.