Ankle decisions — 2024

The Board has determined that the Veteran's claims for service connection for right ankle lateral collateral ligament sprain/strain, left ankle lateral collateral ligament sprain/strain, right foot hallux valgus, and left foot stress fracture are remanded due to duty-to-assist errors.

The Veteran's left ankle sprain with degenerative changes is rated at 20 percent, but no higher. The right ankle scars status post lateral stabilization exostectomy are not compensably rated.

The Board has remanded the Veteran's claims for service connection due to insufficient VA opinions and missing private treatment records. The AOJ is instructed to obtain additional medical opinions addressing the etiology of the Veteran's bilateral foot and ankle disabilities, including all relevant diagnoses.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including his lumbar spondylosis, left and right lower extremity radiculopathies, degenerative joint disease of the ankles, and claims for service connection for knee and hip disabilities. The remaining issues are not addressed in this decision.

The Board has granted service connection for right shoulder degenerative arthritis, left ankle strain, cervical strain, and lumbosacral strain as these conditions have been continuously present since the Veteran's military service.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's right ankle disorder, including a lack of continuity of symptomatology and post-service treatment records.

The Board denied the Veteran's claims for service connection for right and left ankle disorders, finding that there was no increase in severity during service or clear and unmistakable evidence of aggravation.

The Board has remanded the Veteran's claims for increased disability ratings due to inadequate examinations and need for further development.

The Veteran's claim for an initial compensable rating for left ankle stress fracture residuals is being remanded due to a duty to assist error in the prior examination report.

The Veteran is granted TDIU and SMC from November 20, 2020 due to his service-connected Major Depressive Disorder. The effective date for these benefits is set as of the date he filed his VA Form 21-8940 application.

The Board has denied service connection for various knee, ankle, foot, and neurological disorders as well as a psychiatric disorder and high blood pressure. The evidence does not show current disabilities of these conditions.

The Board has found that there was a pre-decisional duty to assist error in not affording the Veteran a VA examination for her bilateral ankle disability. The case is therefore remanded for further action.

The Veteran withdrew his appeal prior to the hearing, leaving no issues for appellate consideration.

The Board has granted service connection for the Veteran's right ankle lateral collateral ligament sprain and degenerative arthritis, finding that these conditions had their onset during his active service.

The Board has denied the Veteran's claims for service connection for left foot metatarsalgia, osteochondritis dissecans, plantar fasciitis, and ankle condition as there is no evidence of an in-service injury or disease that led to these conditions.

The Veteran's claims for service connection were denied. The right ankle disorder claim was remanded, and the sleep apnea and pseudofolliculitis claims were denied.

The Board has denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that they do not prevent him from obtaining or maintaining substantially gainful employment.

The Board has remanded the case due to duty-to-assist errors and requests an addendum medical opinion regarding the etiology of the Veteran's obstructive sleep apnea, including whether it is at least as likely as not caused or aggravated by his service-connected disabilities.

The Veteran's major depression, recurrent moderately severe (previously rated as adjustment disorder with depressed mood), is granted a 70 percent disability rating for the period prior to January 17, 2020. For the period beginning from January 17, 2020, his major depression is granted a 100 percent disability rating.

The Veteran's left ankle lateral collateral ligament sprain has been rated at 10 percent, and the Board has granted a higher rating of 20 percent.