Ankle Board decisions

The Board denied the Veteran's claim for payment or reimbursement of medical expenses incurred on August 3, 2015, at Providence St. Mary Medical Center due to lack of emergency nature and delay not being hazardous.

The Board has granted service connection for left ankle tendonitis, right ankle tendonitis, status post excision of ganglion cyst of the left foot, and degenerative joint disease of the right wrist. The claims were reopened due to new and material evidence received since the March 2008 denial.

The Board has remanded several claims, including service connection for tinnitus, right knee disorder, left ankle disorder, and a right lower extremity disorder. The Veteran's representative argued that the Veteran should be awarded a rating increase effective January 2017 based on his symptoms of GERD. The Board found a 30% rating is warranted for GERD as of the date of the increased rating claim in January 2018, but not earlier.

The Veteran's claims for increased disability evaluations for left shoulder muscular strain without joint involvement, bilateral plantar fasciitis and pes planus, left ankle laxity, and right ankle laxity are being remanded due to the AOJ's failure to address the Veteran's request to reschedule VA examinations.

The Veteran's claim for service connection for bilateral hearing loss was denied due to lack of new and material evidence.,The Veteran's right ankle disability claim is remanded as the RO failed to consider his request for rescheduling due to homelessness, resulting in a denial without proper consideration of this issue.,The Veteran's acquired psychiatric disorder (polysubstance abuse disorder and depression) claim is remanded as new and material evidence was not considered, and an additional VA examination is needed.,The Veteran's lumbar spine disability claim is remanded for a contemporaneous VA examination to determine the current severity of his condition.,The Veteran's left knee limitation of flexion claim is remanded for a contemporaneous VA examination and determination of whether the effective date should be earlier than April 14, 2015.,The Veteran's left knee osteoarthritis claim is remanded to determine if the severance of the separate rating was proper.

The Veteran's service-connected conditions, including irritable bowel syndrome and acquired psychiatric disorder, have rendered him unable to secure or maintain substantially gainful employment since June 1, 2017. The Board has granted a TDIU rating on an extraschedular basis for this period.

The Veteran's right knee surgical scars are now rated at 20 percent effective March 11, 2021. Service connection is granted for a right ankle disability and a right shoulder disability.

The Veteran's appeal is being remanded for further examination and evaluation due to the need for updated VA treatment records, a more current psychiatric examination, and an assessment of left ankle disability. The Veteran will be provided with a rating in excess of 10 percent for his service-connected left ankle scar, but no higher, based on pain testimony. For his psychiatric disorder and left ankle disability, further evaluation is needed to determine appropriate ratings.

The Board has granted service connection for the Veteran's right ankle midtarsal joint arthritis, finding that it is proximately due to his service-connected left foot and left ankle disabilities.

The Board has decided to remand the Veteran's claims for left ankle, back, and bilateral foot disabilities due to incomplete records and need for updated opinions. The right foot disability claim is also being remanded as it was not previously adjudicated.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for higher disability evaluations and TDIU. This includes obtaining VA treatment records, scheduling additional examinations, and reviewing all evidence added since the last Supplemental Statement of the Case.

The Veteran's service-connected disabilities render him unable to secure and maintain a substantially gainful occupation, warranting referral for extraschedular consideration.

The Veteran's service-connected disabilities do not prevent her from obtaining and maintaining substantially gainful employment consistent with her educational and occupational background prior to April 16, 2019.

The Veteran's dental and jaw infections are remanded for a VA examination to determine if they are related to his service or his service-connected acne. The right leg condition, including ankle, knee, and hip conditions, is also remanded for a VA examination to determine if it is related to his service.

The Board has remanded the Veteran's claims for further examinations to assess the severity of his lumbar spine, cervical spine, left ankle and left knee disabilities. The Veteran testified that he experiences flare-ups and limitations due to these conditions.

The Veteran's current osteoarthritis of the bilateral feet, ankles, knees, hips, and lumbosacral disc syndrome are granted as service-connected.

The Veteran's lumbosacral strain, right knee meniscal tear, left knee meniscal tear with limitation of motion, left knee meniscal tear with instability, chronic right ankle strain, and scar, left side of head are all remanded for further examination and rating.

The Board has determined that the Veteran does not have a diagnosed deviated nasal septum, left ankle disability, right ankle disability, left knee disability, or right knee disability at any time during the period on appeal. The Veteran's lumbar spine disability is less likely than not related to his active duty service. These issues are being remanded for further development.

The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment since April 1, 2006.

The Board denied service connection for right hip arthritis, left hip arthritis, right ankle arthritis, and left ankle disability. The disabilities were not found to be related to service.