Ankle Board decisions

The Veteran's appeal for an earlier effective date for his right knee surgical scar was denied. The Board found that the scar did not exist prior to the surgery and therefore, no earlier effective date is warranted.,The Veteran's claim for a compensable rating for his right knee surgical scar was also denied. The VA examiner concluded that there was no evidence of pain or instability in the scar.

The Veteran's claims for service connection for bilateral hearing loss, left shoulder disorder, radiculopathy of the left arm, left foot disorder, right foot disorder, sleep apnea, and right hip disorder are being remanded due to duty-to-assist errors.,Specifically, a VA examination is needed for each of these conditions.

The Board has remanded the Veteran's claims of service connection for back, right ankle degenerative arthritis, left ankle sprain, and left shoulder disability due to inadequate medical opinions.

The Veteran's right ankle disability is already rated at the maximum allowed under applicable diagnostic codes, so a higher rating is denied.

The Veteran's service-connected disabilities require the need for regular aid and attendance of another person, as evidenced by his inability to dress, feed himself, or perform daily activities without assistance. The Board has granted SMC based on this need.

The Veteran's appeal for a higher rating for left foot degenerative arthritis with plantar calcaneal spur and fragment at the periphery of the first interphalangeal joint, flat foot, hammertoes, and hallux valgus is dismissed as his claim has been fully granted. The appeal for an initial rating in excess of 10 percent for left ankle status post scope and talus microfracture is denied.

The Veteran's appeal is remanded for a VA psychiatric examination to determine the severity of his service-connected PTSD. The TDIU and Dependents' Education Assistance claims are also being remanded.

The Veteran's psoriasis and rheumatoid arthritis are remanded for further development, including obtaining medical nexus opinions regarding the relationship to service and toxic exposure.

The Veteran's sleep apnea is granted as secondary to service-connected chronic rhinitis.,Service connection for chronic rhinitis is granted on a direct basis due to its onset during service and current diagnosis.,Service connection for hypertension is granted on a direct basis due to its onset during service and manifestation within one year of discharge.,Right ankle disorder is granted as it manifested during service and has been diagnosed with symptoms causing functional loss.

The Veteran's claims for increased ratings of his right and left ankle disabilities were denied. The Board found that the evidence did not support a higher rating than 10 percent for these conditions, as they were manifested by moderate limited motion. The issues of service connection for back, bilateral hip, and bilateral knee disabilities are remanded.

The Veteran's left ankle disability and bilateral hearing loss are rated appropriately, but his service-connected left-hand disability is remanded for further review.

The Veteran's left ankle condition, gastroesophageal reflux disease (GERD), erectile dysfunction, and headaches are all found to be related to service. Service connection is granted for these conditions.

The Board has granted service connection for left ankle arthritis and bilateral hearing loss, finding that the Veteran's conditions are related to his military service.

The Board has decided to remand the claims of service connection for left and right ankle pain due to duty-to-assist errors in prior examinations.

The Board has remanded the Veteran's claims for service connection due to a lack of an etiology opinion in some cases, and the failure to obtain such opinions constitutes a predecisional duty to assist error.

The Board has granted service connection for tinnitus, but the claims for lumbar spine disability, right ankle disability, left ankle disability, right foot disability, and left foot disability are remanded due to a duty to assist error. The claim for OSA is also remanded.

The Veteran's claim for a higher rating for his back disability, right lower sciatic nerve extremity, left lower sciatic nerve extremity, and left ankle osteoarthritis with fracture has been granted. The effective date is not specified as the decision was made in October 2023.

The Board has determined that the Veteran's claims for service connection are remanded due to new and relevant evidence having been submitted. The issues of entitlement to service connection for bilateral hearing loss, left ankle degenerative arthritis, and traumatic brain injury have been returned to the RO for further review.

The Board has determined that the Veteran's service personnel and treatment records may be missing, leading to a remand for obtaining these records. The issues of entitlement to service connection for various conditions are being remanded due to this lack of information.

The Board has remanded the claims for service connection for various ankle and knee conditions secondary to service-connected bilateral flat feet due to duty-to-assist errors and inadequate medical opinions.