Ankle Board decisions

The Board has denied an evaluation in excess of 10 percent for a painful scar of the lower lumbar spine, as there is only one such scar and it does not meet the criteria for a higher rating.

The Veteran's tinnitus is granted as service connection due to the evidence being at least in approximate balance that the Veteran's tinnitus began during military service and has been continuous since then.,Service connection for bilateral carpal tunnel syndrome (left and right) is denied because there is no current diagnosis of carpal tunnel syndrome or any other disorder of the wrists resulting in functional impairment.,Service connection for bilateral ankle osteoarthritis (left and right) is remanded as VA examination was not provided to address the Veteran's lay reports of chronic ankle pain that began in service and has continued since then.,Service connection for left knee osteoarthritis is granted due to the evidence being at least in approximate balance that the Veteran's left knee osteoarthritis had onset during active service, manifested within one year of separation from active service (by December 1998), or was otherwise caused by his reports of chronic knee pain due to active service.

The Board has remanded the Veteran's claims of service connection for right and left ankle pain, as well as his acquired psychiatric disorder (including PTSD, depression, stimulant use, and cannabis use disorder), due to a failure to consider new evidence in the original decision.

The Veteran's claims for service connection and increased ratings are being remanded due to the need to obtain additional medical records, including STRs from his National Guard service. The Veteran is also seeking a higher rating for gastritis and an examination is required to determine the nature and etiology of all foot disorders, hepatitis C, and psychiatric disorders.

The Veteran's claim for a rating in excess of 20 percent for his left ankle disability is denied as the evidence does not meet the criteria for a higher rating under any applicable diagnostic code.

The Board has determined that there was a pre-decisional duty to assist error and the Veteran's bilateral foot disabilities and right ankle disability may be secondary to her service-connected psychiatric disability and left ankle disability, with obesity as an intermediate step. The case is remanded for further examination and opinion.

For the period from December 27, 2018 to February 10, 2021, the Veteran's service-connected disabilities have prevented him from securing or following a substantially gainful occupation.,For the period from February 10, 2021, the Veteran's combined disability rating is 100%, and he has been granted TDIU due to his severe cervical spine condition.

The Veteran's request for an effective date before April 23, 2021, for service connection for right ankle stress fracture of the talus with right ankle sprain and right ankle fracture is denied. The June 1998 and July 2002 rating decisions are final, and there was no pending claim or unadjudicated claim under 38 C.F.R. § 3.160(c) or informal claim under 38 C.F.R. §§ 3.155, 3.156 regarding the right ankle disability between the July 2002 rating decision and April 23, 2021.

The Veteran's left arm burn is denied as there is no evidence of an in-service injury or aggravation.,Sarcoidosis and respiratory conditions are remanded for further examination.

The Board has remanded the claims of service connection for tinnitus and left ankle degenerative arthritis, including as secondary to service-connected disabilities due to a duty to assist error in not providing VA examinations.

The Board has granted a disability rating of 20 percent for the Veteran's left ankle condition, finding that it more closely approximates marked limitation of motion.

The Veteran's claim for higher ratings for bilateral hearing loss, a separate compensable rating for weight loss associated with leukemia, and TDIU prior to July 17, 2023 is denied. The Veteran does not meet the criteria for these benefits based on the evidence of record.

The Board denied the Veteran's claims for service connection for left lower leg/ankle laceration and patellofemoral pain syndrome (PFS), finding that his symptoms were related to his already service-connected DVT.

The Veteran's appeal for an earlier effective date of January 7, 2011, for the assignment of a higher rating for his service-connected left ankle disability is granted. The appeal for a rating in excess of 40 percent for ankylosis of the left ankle is denied.

The Veteran requested to withdraw his appeals for left ankle and thoracolumbar spine disabilities, which the Board accepted. As a result, the appeal is dismissed.

The Veteran's right ankle disability was denied an increased rating as the Board found that the Veteran failed to report for a scheduled examination without good cause.,The Veteran's PTSD with major depressive disorder and insomnia was also denied an increased rating, as her symptoms did not meet the criteria for a 100% rating.

The Board has remanded all issues on appeal due to the need for additional verification of the Veteran's service periods and incomplete records. The claims will be reconsidered with this information.

The Board has dismissed the claims for a compensable initial disability rating for surgical incision scars of the left ankle and scar tissue on the great toe of the left foot, as there is no evidence that these conditions meet the criteria for a compensable rating under VA's skin disorders rating criteria.

The Board has granted service connection for tinnitus and has remanded the claims for lumbar spine, right ankle, and left ankle disabilities.

The Board granted a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) due to the Veteran's service-connected PTSD, right knee disabilities, and left ankle disabilities.