Ankle Board decisions

The Board has dismissed all claims due to procedural defects in the docketing of the appeals under the modernized review system.

The Veteran's TBI residuals are granted service connection, and the need for aid and attendance is denied.

The Veteran's cervical spine degenerative arthritis, left ankle sprain, right shoulder disorder, right elbow disorder, and left elbow disorder have all been granted service connection with the appropriate ratings.

The Veteran withdrew his appeals for service connection of insomnia, migraines, and right ankle arthritis.

The Board has remanded the claims for consideration of all evidence, including recent VA examinations and treatment records.

The Board has found that the RO substantially complied with January 2023 directives. The Veteran's right ankle disability is remanded for a new examination to address his history of right ankle instability and whether it constitutes additional functional loss.

The Veteran's claim for service connection for a TBI is denied as there is no persuasive evidence of a current diagnosis.,For the left ankle lateral collateral ligament sprain, the Veteran's disability does not meet or approximate the criteria for an initial rating in excess of 10 percent.

The Veteran's bilateral hearing loss was rated as noncompensable prior to June 3, 2019 and at a 10 percent rating thereafter. The Board found the evidence did not support an increased rating for this condition.,Service connection for right shoulder degenerative arthritis, left shoulder degenerative arthritis, low back disability, cervical spine disability, right foot disability, left foot disability, right ankle disability, left ankle disability, right knee disability, left knee condition, right hip disability, and left hip disability is remanded.

The Board has denied the Veteran's claims for service connection for left ankle and left shoulder disabilities, finding that there is not sufficient evidence to establish a direct relationship between these conditions and his military service.

The Board has determined that additional evidence is needed to determine the Veteran's service connection claims for hypertension, low back disorder, right knee disorder, and bilateral ankle disorders. Specifically, VA treatment records are needed, verification of the Veteran's service during active duty, and an adequate medical opinion regarding the etiology of these conditions.

The Veteran's claims for increased ratings and earlier effective dates are being remanded due to the addition of new VA treatment records. The case will be returned to the RO for review.

The Board has denied service connection for right shoulder, left shoulder, right ankle, and left ankle disabilities due to a lack of medical evidence establishing an in-service incurrence or continuity of symptomatology since separation from service.

The Veteran's service-connected left and right ankle disabilities prevented him from securing or following substantially gainful employment, leading to a TDIU on an extraschedular basis.

The Veteran's right posterior tibial tendinosis and tear, as well as a painful right ankle scar resulting from the surgery, have been granted service connection.,Temporary total disability benefits for post-surgical convalescence following the November 3, 2017 surgery are also granted.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, as he has maintained employment during the appeal period and his disabilities have allowed him to contribute positively through volunteer work.

The Board has granted service connection for the Veteran's right ankle disorder, but has remanded the claims of residuals of a rib injury and right knee sprain due to inadequate medical opinions.

The Board has granted service connection for tinnitus, finding that the Veteran's recurrent tinnitus is presumed to have been incurred in service due to noise exposure during her military service. The left ankle disorder claim was remanded as there were inadequate examinations and further development is needed.

The Veteran's PFB has not manifested as constant exudation or itching, extensive lesions, or marked disfigurement and he has not been prescribed systemic therapy such as corticosteroids, phototherapy, retinoids, biologics, photochemotherapy, psoralen or other immunosuppressive drugs for a total duration of six weeks or more. Therefore, the Veteran is not entitled to an increased rating for PFB.,For the entire appeal period, the Veteran's sinusitis has been manifested by no more than two non-incapacitating episodes, and no incapacitating episodes per year of sinusitis. Neither three or more incapacitating episodes, nor more than six non-incapacitating episodes per year of sinusitis characterized by headaches, pain, and purulent discharge or crusting have been shown. Therefore, the Veteran is not entitled to an increased rating for chronic sinusitis.,Throughout the period on appeal, the Veteran's left ankle disability was manifested by no more than moderate limitation of motion; marked limitation of motion was not shown. Therefore, the Veteran is not entitled to an increased rating for his left ankle disability.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the Veteran's claims for service connection for right ankle and right knee conditions. However, due to a duty to assist error, the claims are being remanded to obtain VA-authorized treatment records and to provide new medical opinions regarding the etiology of the Veteran's claimed conditions.

The Veteran's claim for a TDIU was granted effective September 29, 2020. However, the Board found that no earlier effective date could be assigned as all previous claims were finally adjudicated prior to this date.