Ankle decisions — 2024

The Board has remanded the case due to a pre-decisional duty to assist error in the February 2021 VA examination report, which contains conflicting findings regarding the Veteran's right ankle disability. A new VA examination is required.

The Veteran's claim for service connection for benign osteochondroma, left leg was dismissed as moot because a December 2023 rating decision granted service connection for left knee patellofemoral pain syndrome and shin splint / stress fractures with instability, status post osteochondroma of the tibia.,The Board remanded the Veteran's claims for service connection for lateral collateral ligament sprain, left ankle (claimed as arthritis, left ankle, hairline fracture bilateral ankles) and lateral collateral ligament sprain, right ankle (claimed as right ankle arthritis, hairline fracture bilateral ankles).

The Veteran withdrew his appeals regarding the reduction in disability rating for right upper extremity radiculopathy and cubital tunnel syndrome, an initial evaluation for right ankle lateral collateral ligament sprain, service connection for right flatfoot associated with metatarsalgia, left upper extremity ulnar nerve neuropathy (previously carpal tunnel syndrome and cubital tunnel syndrome), and service connection for right upper extremity carpal tunnel syndrome.

The Veteran's combination of service-connected disabilities, including her acquired psychiatric disorder and bilateral knee and ankle conditions, has rendered her unable to secure or follow a substantially gainful occupation. The Board grants the TDIU claim for the entire appeal period.

The Board has remanded the claims of service connection for right ankle pain, left ankle pain, right shin splints, and left shin splints due to insufficient factual basis in the current medical opinions. The Veteran's lay statements suggest that his symptoms began during military service.

The Board dismissed the Veteran's appeal for service connection due to his withdrawal of the claim for bilateral hearing loss. The remaining claims for tinnitus, multiple joint disorders (shoulders, elbow, back, knees, ankles, feet, toes), and radiculopathy were denied as not supported by evidence of a current disability or a causal relationship to service.

The Board denied the Veteran's claim for service connection for a left ankle disability, finding that there was no current medical evidence of a left ankle disability and that the Veteran did not have a diagnosed left ankle disability at any time during the pendency of his claim or recent to the filing of his supplemental claim. The Board also found that the Veteran had not provided competent evidence of a nexus between his claimed left ankle disability and his active service, including as a result of an in-service parachuting accident.

The Board has granted service connection for right ankle tendonitis, left ankle tendonitis, right hip trochanteric pain syndrome, and left hip trochanteric pain syndrome, all of which are deemed to be related to combat injuries sustained during active duty.

The Board has determined that a remand is necessary to obtain a new VA examination and opinion regarding the Veteran's right ankle condition, as the previous opinions are inadequate. The examiner will need to address whether it is at least as likely as not that any right ankle disability began during active service or was proximately due to, the result of, or caused by the service-connected left knee condition.

The Board has determined that additional medical examination is needed to determine the nature and etiology of any identified right ankle and testicle disabilities, as well as their relationship to service. The Veteran's claims for service connection are therefore remanded.

The Veteran's service-connected conditions do not meet the criteria for specially adapted housing or special home adaptation due to his inability to use assistive devices and lack of loss of use of any extremities.

The Veteran's death was attributed to multiple blunt force injuries sustained in a motorcycle accident, not related to his service-connected conditions. The Board found no evidence linking the cause of death to active duty or service-connected disabilities.

The Veteran's claim for an earlier effective date for service connection of painful right ankle scars is denied. The appeal for a rating greater than 30 percent for painful right ankle scars and a compensable rating for nonpainful right ankle scars is also denied. SMC based on the need for aid and attendance of another person prior to January 8, 2019, and after July 1, 2019, is granted.

The Veteran's initial maximum schedular rating of 10 percent for status post bunionectomy, right foot, is granted. Other service-connected conditions are not rated higher.

The Veteran's appeal for an increased rating for bilateral hearing loss was denied due to the untimely filing of his higher-level review request.

The Veteran's right ankle fracture is rated at 10 percent, but no higher. The ratings for left and right lower extremity radiculopathy are denied as they do not meet the criteria for a rating in excess of 10 percent.

The Board has decided that the Veteran's tinnitus is service connected. The other claims are remanded for further development.

The Board has decided to remand the claims for service connection of right ankle, right knee, and left knee conditions due to a lack of inpatient/outpatient treatment records from Wiesbaden Air Base Hospital. The Veteran contends that his injuries were caused by a fall out of a second-story window during military service.

The Board has determined that additional evidence is needed for the Veteran's claims related to his right knee and ankle disorders, as well as a remand for further examination.

The Veteran's application for Legacy S-DVI was denied because it was received more than two years after the August 1997 grant of service connection, and there is no evidence suggesting mental incompetence during that period.