Ankle decisions — 2004

The Board has denied the veteran's claims for service connection for residuals of a left foot fracture and residuals of a left ankle sprain. The veteran's claim for service connection for tremors is pending and will be remanded to the RO.

The Board has granted service connection for the veteran's current residuals of a bilateral ankle disorder and deviated septum, finding that these conditions are related to his military service.

The Board denied the veteran's claims for service connection for bilateral pes planus, ankle arthritis, knee disability, and low back disability as secondary to a bilateral pes planus disability. The disabilities were not shown by competent evidence to be causally related to active service.

The Board has remanded the case for further development and readjudication, including consideration of the veteran's assertions regarding his service-connected disability and new evidence.

The Board found that the veteran does not have chronic acquired low back, right knee, and right ankle disorders linked to service on any basis.

The Board denied the veteran's claims for increased disability ratings and service connection for various conditions, including tinnitus, degenerative arthritis of the right arm, upper gastrointestinal disorder, cardiovascular disorder, bilateral hearing loss, irritable colon syndrome, left knee disorder, right knee disorder, right ankle disorder, and left ankle disorder. The decision also addressed his claim for PTSD.

The veteran's claim for an increased rating and a total rating based on individual unemployability due to his service-connected left ankle disorder was denied. The maximum schedular rating of 40% under DC 5270 has already been granted, making any higher schedular or extra-schedular ratings unavailable.

The Board has determined that the veteran is entitled to an extension of a temporary total rating beyond August 31, 1991 for convalescence following treatment for his service-connected bilateral pes planus with weak ankles. The initial ratings for arthritis of both ankles are also granted.

Service connection for shortness of breath and wheezing, diagnosed as exercise-induced asthma, was denied because the condition is not due to an undiagnosed illness.,Service connection for joint pains of the ankles, knees, and right shoulder, diagnosed as bilateral retropatellar knee pain, was denied because there were no objective indications of such a condition during service or within one year after discharge.,Service connection for fatigue and sleep disturbances was denied due to lack of evidence.

The Board denied the veteran's claim for a higher rating for his post-operative residuals of a left ankle fracture, to include traumatic arthritis, finding that he did not meet the criteria for a rating in excess of 20 percent.

The Board has determined that new examinations are necessary to determine the functional loss caused by pain in the veteran's bilateral ankle disabilities. The case is REMANDED for these examinations.

The Board has determined that new and material evidence was not received to reopen the claims of service connection for a left ankle disability, low back disability, and left knee disability. As such, these claims remain denied.

The Board has remanded the case for additional development due to incomplete evidence and need for VA examinations.

The Board has determined that the veteran's left ankle disability, including arthritis and instability, does not warrant a rating in excess of 20 percent based on current evidence.

The Board has denied the veteran's claims for service connection for various conditions, finding no evidence of current disabilities or a link to service.

The Board has determined that there is a need for further VA assistance in obtaining additional service medical records and conducting examinations to determine the current existence and etiology of claimed conditions, as well as the severity of the veteran's low back disorder. The claims will be remanded for these actions.

The Board denied the veteran's claims for service connection for various conditions, including right and left knee disabilities, a left ankle disability, dysthymia with depression, PTSD, and a heart disability claimed as tachycardia. The decision also noted that new evidence submitted did not meet the criteria to reopen the claim for service connection of the heart disability.

The veteran's claims for increased evaluations of his service-connected disabilities and entitlement to a TDIU are being remanded due to the need for additional development, including obtaining medical records and conducting examinations.

The Board denied the veteran's claims for increased ratings and service connection, finding that his left ankle disability was not related to his service-connected shell fragment wound to the left leg. The RO is directed to provide additional development as outlined in the decision.

The Board found that the veteran is likely to have a current right ankle disability due to an injury incurred in service, and granted service connection for residuals of a right ankle sprain.