Ankle decisions — 2004

The Board denied the veteran's claims of service connection for asthma, left ankle injury residuals, and a left foot disorder. The decision found that while some conditions existed prior to service, there was no evidence they were aggravated by military service or related to any in-service injury.

The Board denied the veteran's claims for an increased rating for her service-connected left foot disability and service connection for secondary disabilities of the left ankle, knee, hip, and back. The veteran was not found to have a current disability in these areas.

The Board has remanded the veteran's claim for a VA examination to determine if he currently has any left ankle or left foot disorders, and whether these conditions are related to his service-connected right great toe arthritis or ingrown toenails.

The veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and ensuring compliance with notification requirements.

The Board has determined that the veteran does not have chronic residuals of a left knee injury, low back injury, bilateral hearing loss, or left ankle injury as claimed. The claims are denied.

The VA has granted a 20 percent rating for the veteran's right ankle disability, which is more severe than the initial 10 percent assigned. The condition involves residual from a traumatic dislocation and arthritis of the ankle joint.

The Board has determined that the veteran's bilateral ankle disorder and compression fracture of the lumbar spine are not related to service or any service-connected disability. The knee disorder is also unrelated to service or service-connected disability.

The Board has granted service connection for bilateral hearing loss, degenerative arthritis of the knees and ankles, sleep apnea, and dysthymic disorder (chronic depression) due to exposure in the Persian Gulf War. The veteran's conditions are presumed to be related to his military service.

The Board finds that the veteran's arthritis of the hands is as likely as not due to military service, but his other joint conditions are not related to his active service.

The Board found that the veteran's right ankle fracture was not proximately due to or caused by his service-connected residuals of back injury with incomplete right foot drop. The VA examiner concluded that the fall occurred when he stepped in a hole, and there was no underlying ankle or foot pathology causing his fall. For depressive disorder, the Board noted that while the veteran exhibited symptoms such as depressed mood, anxiety, and mild memory loss, these did not meet the criteria for total occupational and social impairment required for a 100% evaluation.

The Board is remanding the case to address issues related to effective date and VCAA compliance.

The Board denied service connection for right knee disability and arthritis of the left ankle in September 2002, finding no competent evidence of a diagnosable condition other than congenital abnormalities. The veteran's new evidence did not address these issues.

The Board denied the veteran's claims for service connection of right knee, low back, and bilateral ankle conditions. The effective date for an increased rating of 20% for his left knee condition was also denied.

The veteran's service-connected right knee injury is productive of moderate impairment, and he has been granted an increased rating to 20 percent. Service connection for secondary low back and right ankle disorders was also granted.

The Board has determined that there is no evidence of a chronic eye disability or signs/symptoms of an undiagnosed illness of the eyes present in service, and thus, service connection for these conditions cannot be granted.

The Board has granted the veteran's claim for an increased rating in excess of 20 percent for service-connected degenerative disc disease of the lumbar spine. The issue regarding residuals of a right ankle fracture was reopened, and the Board found that these residuals were incurred during active duty.

The veteran's claim for service connection for a left knee disorder, which is claimed to be secondary to his service-connected left ankle disability, has been remanded due to the need to consider additional medical evidence submitted by the veteran.

The Board has denied the veteran's claims for service connection for bilateral knee disorder, bilateral ankle disorder, and residuals of a left middle finger injury as there is no evidence of chronic disability during or after military service.

The veteran's claim for an increased evaluation in excess of 40 percent for his service-connected gunshot wound residuals with partial paralysis of the left lumbar plexis, damage to the illiopsoas muscle and limitation of motion of the left hip and left ankle is being remanded due to incomplete notification under the VCAA.

The Board has determined that the veteran does not have a right hand and finger disorder, right ankle disorder, or left ankle disorder that is service-connected. The mole on the left foot/big toe was found to be non-compensable due to lack of tissue breakdown or ulceration.