Ankle decisions — 2024

The Board has determined that new and relevant evidence has been submitted for some claims, but not all. The Veteran's claim of service connection for tinnitus is granted, while the claims for rash (entire body), left ankle disability, migraine headaches, back disability, and pseudofolliculitis barbae (PFB) are remanded due to procedural errors in obtaining medical opinions.

The Veteran's right ankle and left knee disabilities are remanded for further evaluation due to inadequate examination.

The Veteran's claim for special monthly compensation based on housebound status is denied because he does not have a single service-connected disability rated as total (100%) with an additional service-connected disability or disabilities independently ratable at 60%. The Veteran's TDIU was based on multiple service-connected disabilities, not a single disability.

The Board has granted an earlier effective date of June 13, 2019 for the service connection of bilateral ankle conditions (right and left ankles) with shin splints and post ankle arthroscopy.

The Veteran's claims for MDD, migraines, residuals of a head injury, and scar were granted with effective dates starting from October 11, 2011. The Board denied earlier effective dates as there was no indication of an intent to file such claims prior to the filing date.,For migraines, residuals of a head injury, and scar, the Veteran's claims were filed on October 11, 2011, which is when service connection was granted. The Board found that earlier effective dates could not be assigned as there was no indication of an intent to file such claims prior to this date.

The Veteran's service-connected conditions, including a back disability, left ankle disabilities, right ankle disabilities, chronic headaches, bilateral lower extremity radiculopathy, and IBS are all granted. A 70 percent rating is assigned for PTSD.

The Board has granted service connection for tinnitus, bilateral hearing loss, and bilateral foot fungus. Service connection is also granted for degenerative arthritis of the lumbar spine, left ankle enthesopathy, right ankle enthesopathy with LCL sprain, osteoarthritis of the left knee, and osteoarthritis of the right knee.,The Board has remanded service connection for a left hip condition, right hip condition, and right shoulder rotator cuff condition.

The Board has remanded the claims for service connection for a lumbar spine disorder, right ankle disorder, and left ankle disorder due to insufficient evidence in the August 2020 VA examination reports. The Veteran's complaints of pain have been considered, but further medical opinions are needed to determine if her current conditions are related to her service-connected disabilities or service.

The Board has granted earlier effective dates of August 21, 2015 for the Veteran's service-connected right and left ankle disabilities.

The Board has denied the Veteran's claims for service connection for various conditions, including hypertension, diabetes mellitus type II, pancreatic cancer, and chronic pain in multiple body parts. The appeals are being remanded to consider additional evidence.

The Board has decided to remand the claims for a right shoulder disability and left ankle disability due to insufficient medical opinions provided at the time of the August 2021 rating decision. The Veteran's specific medical history, including his reported in-service and post-service symptoms, needs to be considered.

The Veteran's neck disability is rated 20 percent from May 1, 2013, and 30 percent thereafter. The rating for back disability has not been met. The right ankle disability was denied as it did not meet the criteria for a higher rating prior to October 30, 2020, and 20 percent thereafter. The right lower extremity radiculopathy is rated 20 percent.,The Veteran's left hip disability and diabetes mellitus are remanded for further review.

The Board has decided to remand the claims for service connection due to incomplete records and duty-to-assist errors. The appellant's character of discharge from service is being reconsidered, as are his PTSD claims.

The Veteran's right and left ankle sprain disabilities have been granted increased ratings of 20 percent each, effective as of the date of this decision.

The Board has granted service connection for left foot plantar fasciitis but dismissed the claim for service connection of a left ankle condition.

The Board has reopened the claims for service connection for bilateral tinnitus, right knee disorder, left knee disorder, right ankle disorder, left ankle disorder, left wrist disorder, left hand disorder, right shoulder disorder, cervical spine disorder, and left upper extremity radiculopathy disorder due to new and relevant evidence submitted since the March 2019 rating decision.,The Board has reopened the claim for service connection for bilateral hearing loss disorder but has not determined whether there is a current disability.

The Veteran's claims for service connection have been remanded due to a pre-decisional duty to assist error. Additional development is needed to consider the lay statements and other evidence submitted in connection with his Supplemental Claim and Higher-Level Review Request.

The Board dismissed the Veteran's appeals for earlier initial effective dates and ratings related to posttraumatic stress disorder, right ear hearing loss, arthritis, and right ankle disorder due to a claims processing defect where the Veteran did not clearly identify which decision or issues he wished to appeal.

The Board has granted an effective date of October 11, 2019 for a 10% disability rating for the Veteran's right ankle disability. The effective date is not earlier than April 30, 2020 for the award of a 40% disability rating for urethral stricture.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal. The Board has no jurisdiction to adjudicate the merits of these claims at this time.