Ankle decisions — 2024

The Board has remanded the Veteran's claims for a TDIU and DEA benefits prior to September 28, 2006 due to pre-decisional duty to assist errors. The Veteran may be unemployable due to his service-connected disabilities.

The Board denied the Veteran's motion to revise a final rating decision that assigned an initial noncompensable disability rating for his right ankle fracture with Open Reduction Internal Fixation, finding no clear and unmistakable error in the application of law at the time.

The Board denied the Veteran's claim for VR&E benefits, finding that he did not have an employment handicap due to his service-connected disabilities and was therefore not in need of rehabilitation.

The Veteran's appeal for service connection for anxiety, insomnia, and depression is dismissed. The Board finds that the Veteran has a current diagnosis of reoccurring acute sinusitis due to his in-service exposure to particulate matter during his active service. Service connection is granted for this condition. Other claims are denied.

The Board has remanded the Veteran's claims for service connection due to inadequate examinations and missing records. The issues include left ankle, left elbow, low back, migraines, and left shoulder disabilities, as well as residuals of a traumatic brain injury (TBI).

The Veteran's claim for service connection for hearing loss is denied as there is no evidence of a current disability.,The Veteran's claim for service connection for tinnitus is dismissed because it has been granted in the March 2024 rating decision.,The Veteran's claim for service connection for back condition is dismissed because it has been granted in the April 2024 rating decision.,The Veteran's claim for service connection for left ankle is dismissed because it has been granted in the April 2024 rating decision.

The Veteran's tinnitus and left ankle fracture with degenerative arthritis are granted. The right ankle disability claim is remanded for further evaluation.

The Veteran's bilateral hearing loss is rated at noncompensable (0%) due to the severity of his hearing impairment.,The Veteran's right ankle strain, chondromalacia right patella with anterior cruciate ligament tear based on limitation of flexion, and right patella with anterior cruciate ligament tear are all rated at 30% each.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.

The appeal of the Veteran's claim for service connection for anxiety is dismissed as his PTSD, claimed as anxiety disorder, has been granted. The Board also denied service connection for bilateral hearing loss disability due to lack of evidence meeting VA criteria.

The Board has remanded the claims for lumbar spine disability and right ankle disability due to a duty to assist error. The Veteran's service treatment records show he had injuries during service, but there is no evidence in the records confirming when these conditions started.

The Veteran's service-connected disabilities were evaluated and some ratings were reduced, while others were granted or maintained.,Service connection was established for a right leg discrepancy disability.

The Board has remanded the claims for prostate condition, hypertension, chronic headaches, ED, GERD, allergic rhinitis, sinusitis, skin condition (melanoma of neck and face), back disability, left ankle injury, right ankle disability, and right shoulder disability due to a duty to assist error.,The Veteran's service connection claims are remanded as the Board finds that VA examinations and medical opinions are required to determine whether these claimed disabilities are etiologically related to his active service or other service-connected conditions.

The Board has remanded the Veteran's claims for additional VA medical opinions to address the etiology of his claimed bilateral knee, ankle, and foot conditions.

The Veteran's tinnitus and bilateral hearing loss are granted as service-connected.,The Veteran does not have a current diagnosis for his left ankle, right ankle, left knee, or sinus disabilities. His hip disabilities remain denied.

The Veteran's claims for service connection for right and left foot conditions, as well as right and left hip conditions are being remanded due to the submission of new evidence. The Board finds that there is no current disability for these conditions.

The appeal as to entitlement to an initial rating in excess of 10 percent for degenerative arthritis of the cervical spine with right hand radiculopathy is dismissed. The Veteran's TDIU and DEA benefits are granted from December 25, 2006 to May 1, 2012.

The Veteran's migraine headaches are granted as secondary to her service-connected PTSD. The right ankle sprain is remanded for further review.

The Veteran's left ankle disability was previously rated at 20 percent, and the RO reduced this to 10 percent. The Board found that the reduction was improper due to lack of improvement in the Veteran's ability to function under ordinary conditions of life and work.

The appellant withdrew all pending appeals regarding the ratings and service connection for various conditions, including major depressive disorder with anxious mood, asthma, allergic rhinitis, left ankle sprain, gastroesophageal reflux disease (GERD), right hip osteoarthrosis, right knee osteoarthrosis, hypertension, fatigue, migraine, and sleep apnea.