Ankle Board decisions

The Board has found pre-decisional duty to assist errors in the VA examinations for bilateral knee conditions and left ankle disability, requiring a remand to rectify prior to adjudication of the Veteran's claims.

The Board has remanded the claims for service connection for right foot, left foot, right ankle, and left ankle disabilities due to a pre-decisional duty to assist error.

The Veteran's bilateral hearing loss disability has been rated at 40 percent since February 14, 2019 to October 23, 2019. The Veteran is not entitled to a higher rating for this condition.,Tinnitus was rated at 10 percent since February 14, 2019 to October 23, 2020. The Veteran is not entitled to a higher rating for tinnitus.

The Board denied service connection for right hip, left hip, and both ankle disabilities due to a lack of evidence showing in-service injury or disease. The current conditions were not shown to be related to service.

The Veteran's service-connected disabilities, including his low back disability and acquired psychiatric condition, have resulted in an inability to secure or follow substantially gainful employment since September 5, 2013. Effective March 15, 2019, the Veteran is individually unemployable due solely to his service-connected acquired psychiatric disability.

The Veteran's tinnitus is granted as service-connected.,New evidence has been submitted to reopen the claims for patellar tenonitis, right knee; left ankle sprain; and gastrointestinal disorder (GERD).,The Veteran's hearing loss claim is remanded due to lack of current bilateral hearing loss disability.,VA treatment records from Dallas VA Medical Center are needed for patellar tenonitis, right knee.,VA examination is required for left ankle sprain.,A medical opinion is needed regarding the pre-existence and aggravation of gastrointestinal disorder (GERD).

The Veteran's degenerative arthritis of the right ankle is granted as service-connected.,The Veteran's bilateral plantar fasciitis, secondary to his right ankle disability, is also granted as service-connected.,The Veteran's degenerative arthritis of the lumbar spine is granted as service-connected.

The Veteran's GERD and left ankle condition are not found to be related to service, with the exception of a possible in-service fall resulting in an ankle injury. The Board finds that the evidence does not support granting service connection for these conditions.

The Veteran's appeal for a higher rating for his left ankle disability is dismissed. The Board has granted the Veteran a total disability rating based on individual unemployability throughout the entire appeal period.

The Board has denied service connection for right and left ankle disorders due to a lack of evidence showing current disabilities. The Veteran's claims for bilateral hearing loss, left hip condition, right hip condition, left knee condition, and right knee condition are being remanded as the VA examination did not address all requested elements.

The request to reopen the previously denied claim of entitlement to service connection for a right knee disability is granted.,Service connection for a right leg disability (claimed as right knee) is denied.

The appeals for service connection and evaluation of the Veteran's disabilities have been dismissed due to his death.

The Board denied entitlement to a rating in excess of 20 percent for limited motion of the left ankle from June 23, 2021, to May 12, 2022, finding that the disability manifested by marked limited motion warranted this maximum rating under Diagnostic Code 5271.

The Board has granted a rating of 20 percent for the Veteran's right ankle disability, finding that his moderate ankle disability warrants this rating.

The Board has dismissed all appeals as the Veteran died during the pendency of the appeal.

The Veteran's claims for swamp fever, left breast cyst residuals, and right ankle disability were denied. The claim for service connection for bilateral dry eye syndrome was granted with a rating of 20 percent.

The Board has remanded the Veteran's claims for service connection for left ankle, right knee, and right foot disabilities due to insufficient medical opinions regarding their etiology. The Veteran is advised to provide authorization for VA to obtain private treatment records from his providers.

Service connection for bilateral pes planus, bilateral hearing loss, and tinnitus has been granted.,The issues of service connection for a bilateral knee disorder and a bilateral ankle disorder are remanded for VA examinations.

The Board has granted service connection for right ankle arthritis, right foot calcaneal spur, right foot hallux valgus, and right foot hammer toe on a secondary basis to the Veteran's service-connected pes planus.

The Veteran's petition to reopen service connection for a low back condition and right ankle condition was granted. The Veteran also received increased ratings for his bilateral shoulder conditions, nephrolithiasis (kidney stones), and the initial grant of service connection for sinusitis.