Ankle Board decisions

The Board has determined that additional development is needed to correct pre-decisional duty to assist errors and remands the cases for further action.

The Veteran's right ankle disability is rated at 20% since November 8, 2016. The Board has granted a higher rating for the right ankle disability to 20%, effective November 8, 2016. However, the issue of service connection for TBI remains remanded due to a duty-to-assist error.

The Veteran's claims for service connection for erectile dysfunction, obstructive sleep apnea, and various joint and ankle disabilities are being remanded due to the need for additional medical examinations.,A rating in excess of 10 percent for tinnitus is denied.

The Veteran's appeals for higher ratings on multiple service-connected conditions have been denied. The Board found that the current evaluations adequately reflect the severity of his disabilities.

The Veteran's left ankle disability was granted service connection in a July 2020 rating decision. The appeal for this issue is dismissed.,Service connection for jaw, erectile dysfunction, cervical spine/neck, and right foot disabilities is denied.

The Veteran's right ankle disability is currently rated at 20 percent, but the appeal for an evaluation in excess of 20 percent has been denied. The Veteran also received a 20 percent rating for his right ring and little finger arthritis with left little finger arthritis.

The Veteran's acquired psychiatric condition, including anxiety and depression, is related to his duties in the Airborne infantry during service.,The Veteran's left wrist sprain is proximately due to his service-connected right and left knee conditions. The VA examiner opined that it was more likely than not that his service-connected knee conditions have worsened his acquired psychiatric condition.

The Veteran's claims for service connection and increased ratings were denied. The Board found no current hearing disability for VA purposes, thus denying the claim for bilateral hearing loss. For knee conditions, the Veteran did not meet the criteria for a higher rating based on limitation of motion or other factors.

The Board has restored the Veteran's 30 percent disability rating for his left ankle disability, effective December 1, 2020. For the entire appeal period, the criteria for a 40 percent rating have been met.

The Veteran's appeal is being remanded due to inadequate medical opinions regarding the nature and etiology of his claimed psychiatric, foot, elbow, hip, knee, and ankle disabilities. The claims are related to service-connected hepatitis C.

The Board has decided to remand the case due to a duty-to-assist error in obtaining an opinion that addresses the Veteran's lay statements regarding his right ankle disorder.

The Board has granted service connection for bilateral knee and ankle disabilities, finding a medical nexus between the Veteran's current diagnoses and in-service injuries.

The Board dismissed the claim for an increased rating in excess of 10 percent for a left ankle sprain. The Veteran's PTSD was granted an initial higher rating of 70 percent, but the issue regarding an increased rating for back strain is being remanded.

Service connection is granted for bilateral pes planus. The claim of service connection for a right ankle disability is remanded due to the need for further examination and opinion.

The Veteran's right and left ankle disabilities are currently rated as 10 percent each, with no higher ratings possible under the applicable diagnostic codes.,The Veteran's radiculopathy of the right upper extremity musculocutaneous nerve is rated at 10 percent, while his radiculopathy of the long thoracic nerve remains noncompensable.

The Veteran's right ankle disability is not service-connected due to dishonorable discharge.,Service connection for an acquired psychiatric disorder (including depression and polysubstance disorder) granted as secondary to bilateral hearing loss and tinnitus.,Service connection for GERD granted as secondary to the acquired psychiatric disorder caused by service-connected disabilities.,Service connection for hypertension granted as secondary to the acquired psychiatric disorder caused by service-connected disabilities.

The Board has remanded the Veteran's claims for increased ratings for various knee and ankle disabilities, as well as associated scars. The issues have not been decided yet.

The Veteran's TDIU was granted effective July 1, 2019.,Basic eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35 is established as of July 1, 2019.

The Veteran's TDIU is denied as the earliest effective date allowable for the grant of a TDIU is January 28, 2021 due to service connection for PTSD.

The Board dismissed all the issues of entitlement to service connection for various conditions as the Veteran withdrew his appeal.