Ankle Board decisions

The Board of Veterans' Appeals has awarded a total disability rating based on individual unemployability (TDIU) but denied an earlier effective date prior to May 28, 2014. The case is being remanded for the Director of VA's Compensation Service to determine if the Veteran is entitled to a TDIU on an extraschedular basis prior to that date.

The Veteran's request to reopen her claims for service connection for left ankle and bilateral foot disabilities is granted. The Board has determined that the evidence received since the March 2009 rating decision, which denied these claims, is new and material, thus reopening the claims. However, the issues of service connection are remanded due to a lack of adequate examination.

The Veteran's residuals of a left ankle fracture are currently rated at 20 percent, but the Board has determined that a higher rating is warranted. The issues of service connection for heart disability and an acquired psychiatric disorder have been remanded due to new evidence or clarification needed.

The Veteran's service connection claims for a back condition and left ankle condition are denied. The claim for an increased rating for PTSD is granted with a 100% evaluation from September 9, 2010 to March 27, 2011 and from May 1, 2011 through March 6, 2017.

The Veteran's right ankle injury was treated at a non-VA facility due to the nature of his condition, which posed a serious threat to health if delayed. The treatment is granted as it met the criteria for reimbursement under 38 U.S.C. § 1728.

The appeal for service connection has been dismissed due to the Veteran's death.

The Veteran's appeal for service connection of right ankle pain was denied because the notice of disagreement (NOD) was not timely filed within one year from the date of the November 2010 rating decision.

The Veteran's right fifth metatarsal, left second metatarsal and left ankle postoperative scars are granted with a 10% rating each.,An earlier effective date of January 6, 2016 is granted for the award of an increased, 10 percent rating for right fifth metatarsal postoperative scar.

A rating of 20 percent for posterior tibial insufficiency, left ankle is granted. Service connection for cervical spine radiculopathy, idiopathic peripheral neuropathy of the left ankle, and insomnia are remanded.

The Board denied service connection for a left ankle lateral collateral ligament sprain as there was no evidence of a chronic disability in service and the weight of the evidence is against a finding that it is related to the injury in service.

The Board has denied service connection for sleep apnea and remanded the issues of service connection for back condition (secondary to bilateral knee condition) and bilateral ankle condition (secondary to bilateral knee condition).

The Veteran's claims for increased ratings and TDIU were denied. The lumbar spine disability was rated at 20 percent, while the right ankle disability received a 20 percent rating.

The Board has determined that a new VA examination is needed to determine the nature and etiology of the Veteran's right ankle disorder, as it may be related to his service-connected lumbar spine, bilateral knee, and/or bilateral hip disabilities. The case will be remanded for this purpose.

The Veteran's appeals for increased ratings of his left ankle and bilateral hearing loss disabilities have been dismissed. The Board has also remanded the issues of service connection for right hip and low back disabilities, as well as TDIU.

The Board has remanded the claims of entitlement to initial ratings in excess of 10 percent for lumbar spine, right knee, left ankle, and right ankle disabilities due to inadequate examinations that did not include testing as required by Correia v. McDonald (2016) and Sharp v. Shulkin (2017).

The Board has decided to remand the case due to inadequate medical opinions and need for additional development, including an addendum VA examination.

The Board has remanded the claims for service connection for a low back disorder, left ankle disorder, and an acquired psychiatric disorder (including PTSD and depression) due to incomplete medical records from Social Security Administration.

The Veteran's service-connected conditions render him unable to obtain and maintain substantially gainful employment, thus meeting the criteria for a TDIU.

The Board has remanded the Veteran's claims for service connection due to lack of substantial compliance with previous remand directives. The VA examinations need to address whether his lumbar spine, right knee, right hip, left hip, right ankle, and left ankle disabilities are at least as likely as not caused or aggravated by his service-connected left knee disability.

The Veteran's right ankle sprain has been granted service connection effective May 15, 2012. The appeal for left hip bursitis and bilateral fungal infection of the feet (jungle rot) is denied as there is no evidence they are related to service.,The Veteran's claim for sleep impairment (sleep apnea) is remanded due to conflicting medical opinions and lack of development regarding onset and etiology. The acquired psychiatric disorder claim is also remanded for further development.