Ankle Board decisions

The Veteran's service-connected disabilities result in the need for regular aid and attendance, thus granting special monthly compensation (SMC) based on aid and attendance status.

The Veteran was granted an initial 10 percent rating for left ankle disability from December 30, 2011 to June 28, 2023 and a 100 percent rating for PTSD from February 8, 2013 onwards.

The appeal was denied for an initial disability rating in excess of 30 percent for peripheral vestibular damage with vertigo of the left ear, and remanded for further evaluation of other conditions.

The Board remands the claims for further development, as substantial compliance with previous remand directives was not achieved.

The Board remands the issue of entitlement to service connection for a right ankle disability for an adequate medical opinion, as the previous examiner's opinion was based on an inaccurate premise and did not consider the Veteran's lay statements.

The Board granted a 20 percent rating for the right ankle sprain and denied higher ratings for the other conditions.

The Board remands the Veteran's claims for a right ankle sprain, left shin splints, dermatitis, and respiratory insufficiency due to pre-decisional duty to assist errors.

The Board remands the claims for an initial disability rating in excess of 20 percent for degenerative arthritis of the spine and service connection for a left ankle disability, to include as secondary to the service-connected degenerative arthritis of the spine, due to pre-decisional duty to assist errors.

The Board granted an initial rating of 50 percent for unspecified depressive disorder and denied service connection for a respiratory condition. The left ankle condition was remanded for further development.

The Board denied the veteran's claims for an earlier effective date for service connection and special monthly compensation based on housebound criteria, as there was no legal basis to support an earlier effective date.

The Board denied the Veteran's appeal for an initial compensable rating for a right ankle scar, as it was found that the scar did not meet the criteria for a compensable rating.

The Board denied service connection for a left ankle disability, insomnia (secondary to tinnitus), and right ear hearing loss.

The Board granted earlier effective dates for the grant of service connection for depression, left ankle disability, and right ankle disability, but denied an earlier effective date for peripheral neuropathy of the bilateral lower extremity.

The Board dismissed the claim for tinnitus and denied service connection for left ear hearing loss, while remanding claims for a right foot condition/cracked heel, bilateral knee degenerative joint disease to include arthralgia, and bilateral ankle degenerative joint disease to include arthralgia.

The Board denied service connection for mental disorders, mood disorders, and manic depressive disorder as well as limitation of motion ankle, left due to a lack of evidence showing current disabilities.

The claims for service connection for a left ankle disability, back pain, hyperacusis, and sinusitis were remanded for further development. The rating reduction from 30 percent to 0 percent for migraines was found improper, and the 30 percent rating was restored.

The appeals for service connection for bilateral hearing loss and disabilities of both knees and ankles were dismissed due to the Veteran's death.

The Board denied service connection for bilateral hearing loss, a dental disability to include missing teeth, and a recurrent gum disability. The claims for Type II diabetes mellitus, recurrent fatigue, lumbosacral spine, left lower extremity, ankle neurological, foot, joint, and bone disabilities were remanded.

The Veteran was granted a 40 percent rating for degenerative disc disease (DDD) prior to April 18, 2024, but the claims for increased ratings for DDD from that date and for right ankle disability were denied.

The Board is remanding the claims for service connection for various disabilities due to a regulatory duty to assist error.