Ankle decisions — 2005

The Board found that there is no evidence of a right ankle injury during service and the veteran's current right ankle condition does not appear to be related to his military service. Therefore, service connection for residuals of a right ankle fracture was denied.

The Board denied a claim for an increased rating for the service-connected left ankle disability due to the veteran's failure to report for a VA examination, resulting in the application of 38 C.F.R. § 3.655.

The Board has determined that the veteran's right shoulder and bilateral knee conditions are not service-connected, but his asthma claim is reopened due to new evidence. The veteran's preexisting asthma was aggravated by military service.

The Board denied increased ratings for the veteran's service-connected lumbosacral strain with secondary degenerative arthritis, thoracic spine degenerative arthritis, right ankle fracture and chronic synovitis, and left ankle degenerative arthritis.

The Board has granted service connection for recurrent left shoulder strain and denied the veteran's claims for right knee disability, bilateral hearing loss, right ankle disability, and cervical spine disability.

The Board denied the veteran's claims for secondary service connection for lumbar spine disability, bilateral hip arthritis, and disabilities of the knees and ankles. The appeals were not granted.

The veteran's claimed conditions are not service-connected due to lack of evidence supporting a link between his symptoms and active duty.

The Board has denied the veteran's claims for service connection for various conditions, finding that none of them are related to his military service.

The veteran's claim for an effective date prior to October 17, 2000 for the assignment of a 20 percent rating for service-connected residuals of right ankle injury is denied as there was no increase in disability within one year of the filing of his claim.

The Board denied service connection for the veteran's right ankle condition, bilateral jaw condition (including dental condition), left ankle sprain, and acquired psychiatric disorder. The claims were not reopened due to lack of new and material evidence.

The Board denied the veteran's claims of service connection for various disabilities, finding that there was no current disability for VA purposes and that the evidence did not support a finding of in-service incurrence or aggravation.

The VA determined that the veteran's service-connected disabilities do not render him unable to care for his daily needs without the regular aid and attendance of another person, or render him unable to protect himself from the hazards and dangers incident to his daily environment. Therefore, he is not entitled to special monthly compensation based on need for regular aid and attendance or at the housebound rate.

The Board has denied the veteran's claims of service connection for left ankle and left knee disabilities, claimed as secondary to service-connected arthritis of the right ankle. The claim for an initial compensable evaluation for bilateral hearing loss was also denied.

The Board found that the veteran's current bilateral ankle disability, including arthritis, was not incurred in or aggravated by service and is unrelated to her service-connected knee disabilities. The claim for service connection was denied.

The Board denied the appellant's claims for service connection for various conditions, including a chronic back disorder, left ankle injury, and acquired psychiatric disorder. The Board found that there was no evidence linking these conditions to active or inactive duty reserve service.

The Board has remanded the case for additional development, including obtaining medical records and scheduling VA examinations to assess the severity of the veteran's service-connected disabilities. The issues on appeal are whether the initial evaluations for low back strain, avulsion fracture of the left ankle, and palsy of the left common peroneal nerve were properly assigned.

The veteran's claims for service connection are being remanded due to the need for additional medical records and examination.

The Board has decided to remand the case for further development due to unverified dates of service and incomplete in-service medical records.

The veteran's claims for increased ratings and service connection were denied. The right ankle disability was granted a noncompensable rating, while the right epicondylitis received a compensable (10%) rating.

The veteran's service-connected left ankle and knee disabilities are currently rated at 20 percent for the ankle and 10 percent for the knee, reflecting marked limitation of motion.