Ankle Board decisions

The Board has identified errors in obtaining the Veteran's Reserve service records and remanded for further development, including obtaining private treatment records. The issues of service connection for back and right ankle disabilities are being remanded due to inadequate VA medical opinions.

The Board has denied a rating for left ankle disability in excess of 10 percent and has remanded the claims for cervicothoracic spine pain, bilateral acromioclavicular joint osteoarthritis, and lumbar spine disability.

The Veteran's appeals for service connection were dismissed as he did not file a Notice of Disagreement within one year of the December 2022 rating decision, and his request for an extension was denied.

The Veteran's bilateral hearing loss and tinnitus are granted as service-connected.,The Veteran's hypertension is remanded for further review due to lack of exposure evidence.

The Veteran's appeals for a higher rating on his right ankle disability and service connection for his left ankle condition have been dismissed due to the Veteran's death.

The Veteran's claims for increased ratings and earlier effective dates were denied. The Board found that the Veteran did not meet the criteria for higher staged ratings for her bilateral foot disorders, acquired psychiatric disorder, or migraine headaches.

The Veteran's right ankle condition is rated at 10 percent, as the evidence does not show marked limited motion of the ankle.,The Veteran's lumbar spine condition is currently rated at 20 percent due to incapacitating episodes having a total duration of less than 4 weeks during the past 12 months.

The Board has granted service connection for the Veteran's claimed left, right ankle and calf conditions as well as her claimed left and right foot conditions, all secondary to her service-connected bilateral plantar fasciitis.

The Veteran's claim for right knee total replacement, migraine headaches, internal derangement of the right ankle, major depressive disorder, degenerative arthritis with IVDS and strain in the lumbar spine, sciatic radiculopathy in both lower extremities, left knee meniscectomy residuals, and left knee instability was denied. The effective date for the grant of service connection is set at June 14, 2014.

The Veteran's service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment.

The Board has remanded the claims of service connection for left ankle injury, left eye injury, diabetes mellitus type II, and chronic feet fungus due to a duty to assist error.

The Veteran's appeal for a higher rating for recurrent right ankle sprains has been denied as the evidence does not support a rating in excess of 10 percent.,The Veteran's appeal for a compensable rating for his right ankle surgical scar has also been denied due to the scar measuring less than 144 square inches and not associated with underlying soft tissue damage.,The Veteran's PTSD claim is remanded as there was an error in failing to consider updated evidence showing suicidal ideation.

The Veteran's left and right foot calcaneal spurs, as well as the residuals of her left and right leg tibial fractures, have been granted increased ratings to 30 percent each. The effective date is February 5, 2019.

The Veteran's need for regular aid and attendance was not due to her service-connected disabilities, but rather the effects of her non-service-connected terminal metastatic colon cancer. The Board denied the claim for SMC based on aid and attendance.

The Board has granted service connection for bilateral ankle pain, bilateral knee pain, bilateral shoulder pain, bilateral hip pain, neck disability pain, and neuropsychological signs or symptoms due to an undiagnosed illness.

The Veteran's appeal for a higher rating for recurrent right ankle sprains has been denied as the evidence does not support a rating in excess of 10 percent.,The Veteran's appeal for a compensable rating for his right ankle surgical scar has been denied as the scar area is less than 144 square inches and not associated with underlying soft tissue damage.,The Veteran's appeal for an increased rating for PTSD remains pending due to a duty-to-assist error in the prior decision.

The Veteran's left ankle disorder is denied as there is no persuasive evidence that it began during service or is related to an in-service injury.,The Veteran's right and left arm scars are not painful, unstable, or measure more than 144 square inches (929 square centimeters), thus denying initial compensable ratings under Diagnostic Codes 7802 and 7804.,Starting October 28, 2019, the Veteran's right and left arm scars are painful but not unstable or measure more than 144 square inches (929 square centimeters), thus denying a disability rating in excess of 10 percent under Diagnostic Code 7804.,The Veteran's bilateral hearing loss is denied as his hearing acuity does not meet the criteria for an initial compensable rating.

The Board has remanded the Veteran's claims for service connection for right and left ankle disabilities, as secondary to his service-connected bilateral foot disabilities. The case will be reviewed with a focus on whether the current ankle disabilities are related to military service or if they would have been less severe without his service-connected foot disabilities.

The Board has dismissed the appeals for entitlement to service connection for various conditions, including left and right ankle disabilities, an eye disability, flat feet, a left foot disability, a left groin disability, perirectal abscess, pilonidal cyst, and hemorrhoids. The issue of service connection for a skin disability (urticaria and dermatitis) is remanded.

The Veteran's left ankle sprain is rated at a 20 percent disability rating, effective from June 24, 2020.