Ankle decisions — 2003

The veteran's claims for increased evaluations of his service-connected conditions have been denied.,Specifically, the RO found that the maximum schedular evaluation for each condition is already in place.

The Board denied the veteran's claim for service connection for post-traumatic stress disorder due to insufficient identified inservice stressors. The RO also denied an increased rating for his right ankle disability, finding that the evidence did not support a higher evaluation.

The Board denied the appellant's claims for a disability evaluation in excess of 20 percent for his service-connected left ankle disability and service connection for a low back disability as secondary to his service-connected left ankle disability due to failure to report for scheduled VA examinations.

The Board has denied the veteran's claims for service connection for left ankle disorder, bilateral knee disorder, right hip disorder, and left elbow disorder due to a lack of medical evidence showing these conditions were incurred or aggravated during his military service.

The Board found that the veteran did not incur any injury or unforeseen additional disability from a left ankle fusion received at a VA facility in October 1993, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board has determined that the veteran does not have current residuals of a head injury or left ankle disability, and thus service connection for these conditions is denied.

The Board found that new and material evidence had been submitted to reopen the claim for residuals of a right ankle injury, but denied service connection for degenerative joint disease of the cervical spine and lumbar spine as there was no direct evidence linking these conditions to service.

The veteran requested to withdraw his appeal regarding the increased disability rating for residuals of a left ankle sprain, and as such, the appeal is dismissed without prejudice.

The Board denied the veteran's claims for service connection for PTSD, respiratory disability, bleeding in the stomach, subdural hematoma, fatigue, headaches, and chronic disorders of the wrists, ankles, neck, elbows, and knees due to an undiagnosed illness. The denial is based on a lack of credible supporting evidence that the claimed stressors actually occurred.

The Board has determined that new and material evidence was submitted to reopen the claim for secondary service connection for a left knee disability. The Board also found that the veteran's current left knee disability is causally related to his service-connected back disability.

The veteran's right ankle sprain with tendon laxity is currently productive of no more than a moderate limitation of motion, accompanied by pain and some instability. The criteria for an evaluation in excess of 10 percent have not been met.

The Board has denied service connection for a bilateral ankle disorder due to lack of evidence showing current disability and no link to service. The claim for reopening the knee disorder was granted, but the Board found insufficient evidence to establish a current disability.

The Board has remanded the case for additional development due to recent legislation and Court actions, including VCAA requirements.

The Board has determined that the veteran's fibromyalgia is related to his service-connected disabilities, specifically bilateral knee and right ankle conditions. The left ankle disorder and right wrist disorder are also found to be secondary to these service-connected conditions.

The Board found that the veteran's hallux valgus, hyperpronation of the right foot, and right leg and ankle disability were not incurred during active service or related to any service-connected condition. The claim for an increased rating for chronic right foot sprain with residuals of fractures of the 4th and 5th toes was denied as there is no evidence of more than moderate disability.

The Board found no current evidence of a chronic right ankle or left knee disability and concluded that the veteran's claims for service connection were denied due to lack of medical nexus.

The Board has granted service connection for polyarthralgia, previously claimed as joint pain in the hips, elbows, knees, ankles, neck, and back, as a manifestation of an undiagnosed illness due to Gulf War service. Headaches and chronic fatigue syndrome are also found to be manifestations of an undiagnosed illness.

The Board has reopened the claim for service connection for residuals of a right ankle sprain and found new and material evidence to support it. The issue of whether there was clear and unmistakable error (CUE) in the January 1951 rating decision is moot due to the reopening.

The Board has determined that the veteran does not have current disabilities of right foot, right knee, left ankle, or low back. Therefore, service connection for these conditions is denied.

The Board found that there was insufficient evidence to establish a permanent and total disability rating for pension purposes due to the veteran's nonservice-connected disabilities, as many of his conditions were unclear or not thoroughly examined in the provided medical records.