Ankle Board decisions

The Board remands the claim for a total disability rating based on individual unemployability (TDIU) as it is inextricably intertwined with the remanded right and left knee increased rating claims.

The Board denied service connection for a sleep disorder other than insomnia and denied increased ratings for migraine headaches, PTSD with alcohol use disorder, insomnia disorder, and residuals of TBI, and TDIU prior to October 27, 2021. However, the Board granted a 50 percent rating for migraine headaches since June 11, 2021, a 70 percent rating for PTSD with alcohol use disorder, insomnia disorder, and residuals of TBI since May 1, 2019, and a TDIU solely due to service-connected psychiatric disabilities as of October 27, 2021.

The Board remands the claim for an addendum medical opinion that fully considers the combined effects of the Veteran's service-connected disabilities, including any side effects from medications.

The Board denied an initial evaluation in excess of 70 percent for PTSD with depressive disorder, an evaluation in excess of 20 percent for right ankle fracture residuals, and a total disability rating based on individual unemployability (TDIU).

The appeal seeking service connection for various conditions was dismissed due to a procedural defect in the docketing of the appeal.

The Board denied the veteran's claims for increased ratings for various service-connected disabilities, including stress fracture of the left foot with pain, right foot injury, right knee pain, left ankle tendonitis, and hallux valgus on both feet, as well as left ear hearing loss.

The Veteran was granted an effective date of August 15, 2019, for a rating of 20 percent for left ankle lateral collateral ligament sprain status post debridement and loose body removal. An increased rating in excess of 20 percent was denied.

The Board denied the Veteran's request to revise the March 1992 rating decision based on clear and unmistakable error, finding no evidence of CUE that would have changed the outcome.

The Board dismissed the claims for service connection for various disabilities, including back, knee, foot, and ankle conditions, as well as TBI, neurological disorder, sleep apnea, respiratory complaints, asthma, GERD, anxiety, PTSD, and other related conditions. The Board also granted an initial 10 percent rating for left hip strain with painful limited extension and denied a compensable rating for the same condition.

The Board denied service connection for a bilateral eye disability, right ankle strain, and left ankle strain as the evidence did not support a finding that these conditions were incurred in or aggravated by active service.

The Board granted a 20 percent rating for the right ankle disability and a separate 10 percent rating for right ankle instability, effective October 26, 2009.

The Board granted service connection for left and right ankle degenerative arthritis, other than posttraumatic, but denied increased ratings for TBI, migraines, and an acquired psychiatric condition.

The Board denied service connection for bilateral hearing loss and remanded claims for service connection for various other disorders, including left wrist, right knee, left knee, cervical spine, upper extremity neurological, thoracolumbar spine, left foot, right foot, left ankle, and right ankle disorders.

The Board granted service connection for a left ankle condition, resolving reasonable doubt in the Veteran's favor.

The Board denied the veteran's claims for service connection for right knee condition, left ankle condition, and ear condition with jaw popping due to a lack of evidence supporting the presence of these conditions during or shortly after service.

The Board remands the claims for service connection for bilateral hearing loss, pneumonia, and a right ankle condition due to a pre-decision duty to assist error.

The Board granted service connection for left upper extremity radiculopathy, right upper extremity radiculopathy, a left shoulder disability, a right shoulder disability secondary to a service-connected left shoulder condition, and a left ankle disability.

The Board denied increased ratings for radiculopathy in the right and left lower extremities, a compensable rating for a scar from left knee surgery, and earlier effective dates for service connection of various conditions. However, it granted a 30 percent rating for left femoral nerve radiculopathy starting June 16, 2021, and an earlier effective date for the grant of service connection for left lower extremity radiculopathy (sciatic nerve) from November 7, 2018.

The Board granted earlier effective dates of July 9, 2002, for service connection for a left ankle disability, right shoulder disability, left shoulder disability, and eczema.

The Board granted service connection for single episode major depressive disorder with anxious distress, somatic symptom disorder, and alcohol use disorder; right ankle arthritis; and bilateral plantar fasciitis and a right foot heel spur. The claims for recurrent hip disabilities, a rating in excess of 20 percent for left knee anterior cruciate ligament and medial collateral ligament repair residuals, and TDIU were remanded.