Ankle decisions — 2024

The Board has remanded the Veteran's claim for a left ankle condition due to insufficient evidence regarding its etiology and continuity of symptoms since service.

The Board has decided that the Veteran's claim for service connection for a dental disability is denied, and the issue of entitlement to a higher rating for his right ankle degenerative joint disease with shin splints is remanded due to a duty-to-assist error.

The Board has granted effective dates of December 7, 2015 for the service connection of bilateral flat foot with degenerative arthritis, left knee strain with shin splints, right knee strain with shin splints, right ankle degenerative arthritis, and left ankle degenerative arthritis.

The Veteran's initial rating for left ankle disability in excess of 10 percent is denied, and an initial compensable rating (10%) for his left lateral ankle scar is granted.

The Veteran's service-connected disabilities do not result in the physical loss or permanent loss of use of his hands or feet, permanent impairment of vision in both eyes to the specified degree necessary for the award of adaptive equipment, scar formation resulting from severe burn injury, or ankylosis of his knees or hips. Therefore, he is denied eligibility for financial assistance for automobile or other conveyance and adaptive equipment.

The Board has dismissed the Veteran's appeals for increased rating and service connection claims due to his withdrawal of these appeals in an April 2024 statement.

The Board has found that the VA did not provide a sufficient rationale in their previous medical opinion regarding whether the Veteran's left ankle disability is secondary to his service-connected right ankle disability. Therefore, the case is being remanded for further examination and analysis.

The Board has remanded the claims of entitlement to service connection for various disabilities, including a bilateral eye disability, left shoulder disability, right ankle disability, right knee disability, right elbow disability, tinnitus, and TBI due to duty-to-assist errors in scheduling VA examinations.

The Board has determined that the Veteran did not suffer a head injury or have an altered mental state due to VA treatment, and thus denied compensation for head injury with altered mental status.,The right ankle fracture claim is remanded as there are issues regarding proximate causation.

The Board denied an earlier effective date for the grant of SMC aid and attendance based on need for regular aid and attendance from October 19, 2021. The Veteran's VA treatment records showed he was not permanently bedridden or so helpless as to need regular aid and attendance prior to October 19, 2021.

The Veteran withdrew his appeals for service connection of multiple disabilities, including right shoulder, left shoulder, cervical spine, left ankle, right ankle, and left foot disabilities. The appeal is dismissed.

The Board has remanded the claims for service connection due to inadequate VA examinations and new evidence received.

The Board has granted service connection for the Veteran's right ankle condition, also claimed as psoriatic arthritis, finding that it was present in service and not due to intercurrent causes.

The Veteran's service-connected disabilities, including PTSD with TBI and multiple musculoskeletal conditions, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU rating effective July 18, 2019. Service connection for esophageal cancer is remanded due to the PACT Act's expansion of presumptive conditions.

The Veteran's right toe disability is granted service connection. The left ankle disability as secondary to the right toe disability is denied.

The Board has determined that the VA examinations provided for the Veteran's right shoulder, right ankle, and bilateral knee disabilities are not compliant with the requirements in Sharp v. Shulkin and Correia v. McDonald. Therefore, these matters must be remanded to obtain new VA examinations.

The Veteran's appeals for increased ratings in excess of 10 percent for his right ankle, thumb, and ring finger disabilities have been dismissed due to the Veteran's withdrawal of his appeal before a decision was made.

The Veteran's claim for a rating in excess of 50 percent for PTSD is denied. Service connection for Pseudofolliculitis Barbae and Viral Gastroenteritis are also denied.

The Board has remanded the Veteran's claims due to duty-to-assist errors, and the Veteran is required to undergo additional examinations and obtain medical opinions regarding her claimed disabilities.

The Board has determined that the VA rating decision on appeal is not final and must be remanded due to errors in obtaining relevant medical records. The claims for service connection, TDIU, and SMC will need to be reconsidered with all available evidence.