Ankle Board decisions

The Veteran's appeal for an increased rating for bilateral hearing loss was denied due to the untimely filing of his higher-level review request.

The Veteran's right ankle fracture is rated at 10 percent, but no higher. The ratings for left and right lower extremity radiculopathy are denied as they do not meet the criteria for a rating in excess of 10 percent.

The Board has decided that the Veteran's tinnitus is service connected. The other claims are remanded for further development.

The Board has decided to remand the claims for service connection of right ankle, right knee, and left knee conditions due to a lack of inpatient/outpatient treatment records from Wiesbaden Air Base Hospital. The Veteran contends that his injuries were caused by a fall out of a second-story window during military service.

The Board has determined that additional evidence is needed for the Veteran's claims related to his right knee and ankle disorders, as well as a remand for further examination.

The Veteran's application for Legacy S-DVI was denied because it was received more than two years after the August 1997 grant of service connection, and there is no evidence suggesting mental incompetence during that period.

The Board has remanded the Veteran's claim for a left ankle condition due to insufficient evidence regarding its etiology and continuity of symptoms since service.

The Board has decided that the Veteran's claim for service connection for a dental disability is denied, and the issue of entitlement to a higher rating for his right ankle degenerative joint disease with shin splints is remanded due to a duty-to-assist error.

The Board has granted effective dates of December 7, 2015 for the service connection of bilateral flat foot with degenerative arthritis, left knee strain with shin splints, right knee strain with shin splints, right ankle degenerative arthritis, and left ankle degenerative arthritis.

The Veteran's initial rating for left ankle disability in excess of 10 percent is denied, and an initial compensable rating (10%) for his left lateral ankle scar is granted.

The Veteran's service-connected disabilities do not result in the physical loss or permanent loss of use of his hands or feet, permanent impairment of vision in both eyes to the specified degree necessary for the award of adaptive equipment, scar formation resulting from severe burn injury, or ankylosis of his knees or hips. Therefore, he is denied eligibility for financial assistance for automobile or other conveyance and adaptive equipment.

The Board has dismissed the Veteran's appeals for increased rating and service connection claims due to his withdrawal of these appeals in an April 2024 statement.

The Board has found that the VA did not provide a sufficient rationale in their previous medical opinion regarding whether the Veteran's left ankle disability is secondary to his service-connected right ankle disability. Therefore, the case is being remanded for further examination and analysis.

The Board has remanded the claims of entitlement to service connection for various disabilities, including a bilateral eye disability, left shoulder disability, right ankle disability, right knee disability, right elbow disability, tinnitus, and TBI due to duty-to-assist errors in scheduling VA examinations.

The Board has determined that the Veteran did not suffer a head injury or have an altered mental state due to VA treatment, and thus denied compensation for head injury with altered mental status.,The right ankle fracture claim is remanded as there are issues regarding proximate causation.

The Board denied an earlier effective date for the grant of SMC aid and attendance based on need for regular aid and attendance from October 19, 2021. The Veteran's VA treatment records showed he was not permanently bedridden or so helpless as to need regular aid and attendance prior to October 19, 2021.

The Veteran withdrew his appeals for service connection of multiple disabilities, including right shoulder, left shoulder, cervical spine, left ankle, right ankle, and left foot disabilities. The appeal is dismissed.

The Board has remanded the claims for service connection due to inadequate VA examinations and new evidence received.

The Board has granted service connection for the Veteran's right ankle condition, also claimed as psoriatic arthritis, finding that it was present in service and not due to intercurrent causes.

The Veteran's service-connected disabilities, including PTSD with TBI and multiple musculoskeletal conditions, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU rating effective July 18, 2019. Service connection for esophageal cancer is remanded due to the PACT Act's expansion of presumptive conditions.