Ankle decisions — 2024

The Board has found duty to assist errors and has remanded the case for further action, including obtaining treatment records and scheduling a medical examination.

The Board has determined that the Veteran's claims for service connection and TDIU are remanded due to a duty to assist error. The Veteran is required to undergo VA examinations to determine if his current disabilities are related to service.

The Veteran's claim for a rating in excess of 10 percent for his right ankle disability is remanded due to inadequate pre-decisional duty-to-assist errors. A new VA examination is required to address the severity of the Veteran's condition from March 20, 2019, to April 22, 2020.

The Veteran withdrew all his claims on appeal, including those for increased ratings and service connection.

The Board denied the Veteran's claims for service connection for a right ankle disability and a skin disability, including psoriasis. The evidence did not support current diagnoses or functional impairment.

The Veteran's claims for tinnitus, hypertension associated with herbicide agent exposure, bilateral pes planus with bilateral plantar fasciitis, and vasectomy scar residuals have been granted. The remaining issues of service connection for hearing loss, lumbar spine disability, right knee disability, prostate disability, skin disabilities, right ankle disability, esophageal disability, hemorrhoids, and left eye disability are being remanded.,The Veteran's claims for recurrent lumbar spine disability (including degenerative disc disease and degenerative arthritis), recurrent right knee disability (including osteoarthritis), recurrent prostate disability (including benign prostate hyperplasia), recurrent skin disability (including tinea versicolor, tinea corporis, tinea cruris, and eczema), recurrent right ankle disability (including cellulitis), recurrent esophageal disability (GERD), hemorrhoids, and acquired left eye disability (including corneal abrasion and cataract) are being remanded.

The Veteran's current bilateral tinnitus and hearing loss disabilities are granted as service-connected due to in-service noise exposure. The left ankle condition is remanded for further examination.

The Veteran's TDIU claim was denied as none of his service-connected disabilities meet the schedular criteria for a TDIU, and there is no evidence that they render him unemployable.

The Board has granted service connection for a left ankle disability and secondary service connection for a right ankle disability, finding that the Veteran's current disabilities are related to his military service.

The Board denied the Veteran's claim for service connection for a right ankle disability, finding no competent medical evidence of a current diagnosis.

The Board has denied the Veteran's claims for service connection for upper back disability, thoracolumbar spine disability, right knee disability, left knee disability, right ankle disability, left ankle disability, and disabilities manifesting in both arms due to a lack of current disabilities related to service.

The Veteran's claims for higher ratings and earlier effective dates have been remanded due to the need for additional medical opinions.,The Board found that an effective date earlier than November 30, 2010, for service connection of left knee patellofemoral pain syndrome and left ankle degenerative arthritis with tendonitis is denied.

The Board has granted service connection for a left knee disability as secondary to the Veteran's service-connected right ankle disability, based on evidence showing an antalgic gait pattern and direct relationship between the disabilities.

The Board has remanded the Veteran's claim of service connection for a left ankle disability due to insufficient evidence and failure to obtain medical nexus opinions addressing the etiology of his current condition.

The Board has determined that additional development is needed to correct pre-decisional duty to assist errors and remands the cases for further action.

The Veteran's right ankle disability is rated at 20% since November 8, 2016. The Board has granted a higher rating for the right ankle disability to 20%, effective November 8, 2016. However, the issue of service connection for TBI remains remanded due to a duty-to-assist error.

The Veteran's claims for service connection for erectile dysfunction, obstructive sleep apnea, and various joint and ankle disabilities are being remanded due to the need for additional medical examinations.,A rating in excess of 10 percent for tinnitus is denied.

The Veteran's appeals for higher ratings on multiple service-connected conditions have been denied. The Board found that the current evaluations adequately reflect the severity of his disabilities.

The Veteran's left ankle disability was granted service connection in a July 2020 rating decision. The appeal for this issue is dismissed.,Service connection for jaw, erectile dysfunction, cervical spine/neck, and right foot disabilities is denied.

The Veteran's right ankle disability is currently rated at 20 percent, but the appeal for an evaluation in excess of 20 percent has been denied. The Veteran also received a 20 percent rating for his right ring and little finger arthritis with left little finger arthritis.