Ankle decisions — 2005

The Board found that the veteran's left ankle fracture did not occur during service and there is no competent medical evidence linking his current condition to service. As a result, the claim for service connection was denied.

The veteran's unauthorized medical expenses incurred at Maria Parham Hospital from October 27, 2001 to November 1, 2001 are denied as he could have been safely transferred to a VA facility for treatment.

The Board denied the veteran's claim for a rating in excess of 20 percent for residuals of a fracture of the right ankle with DJD, finding that the disability did not meet the criteria for a higher evaluation. The temporary total convalescence evaluation for hiatal hernia was also denied.

The Board has remanded the case for additional development, including obtaining medical records and a VA examination to address service connection claims.

The veteran's claims for higher ratings for his left ankle condition and scars are being remanded due to the need for further development of the evidence.

The Board has determined that the veteran's right foot/ankle disability was not incurred or aggravated in service and denied his claim for service connection.

The Board denied the veteran's claims for service connection of right heel pain, sinusitis, and left ankle disorder. The decision found that there was no evidence to support these conditions.

The Board denied the appellant's claims for service connection for a right ankle disorder and various other conditions, including evaluations for his wrists and scars. The appeals were not reopened due to lack of new and material evidence.

The veteran's claims for increased ratings and secondary service connection are being remanded for further development.,The veteran's claim for secondary service connection for gastric bypass surgery is being referred to the RO for initial consideration.,The veteran's right ankle disability and right middle toe fracture residuals are being examined by a VA orthopedic examiner. The examiner will determine if these disabilities are related to his left ankle disorder.,The veteran's autoimmune hepatitis claim is being examined by a VA physician who will determine whether it is at least as likely as not caused or worsened by his service-connected celiac sprue and the medications prescribed for that condition.,The veteran's sleep apnea claim is being examined by a VA physician who will determine if it is at least as likely as not caused or worsened by his service-connected celiac sprue and the medications prescribed for that condition.,The veteran's right middle toe fracture residuals are being examined by a VA orthopedic examiner. The examiner will provide an opinion on whether this disability was caused or chronically worsened by his left ankle disorder.

The Board has granted secondary service connection for gout and degenerative joint disease of the cervical spine, left shoulder, both wrists, and both ankles as they are aggravated by a service-connected kidney disease.

The Board has determined that the veteran's right ankle disorder warrants a 10 percent disability rating, effective from June 23, 1990. For his right knee disorder, the Board found no evidence of instability or arthritis and thus denied an increased rating prior to April 17, 2003.

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

The Board has remanded the case due to incomplete development of evidence, including obtaining medical records and conducting a VA examination. The veteran's service-connected right foot and ankle disability is being reviewed for an increased rating.

The veteran's initial ratings for bipolar disorder and bronchitis have been granted. The veteran is entitled to a compensable rating for his left ankle fracture, effective March 29, 2004. His claim of entitlement to separate 10 percent ratings for tinnitus in each ear lacks legal merit. He is not entitled to a compensable evaluation for bilateral hearing loss.

The veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical records and scheduling VA examinations.

The veteran's claims for service connection for pes planus, degenerative arthritis of the shoulders, cervical spine, elbows, wrists, hands, hips, knees and ankles, hypertension, and arteriosclerotic heart disease are all denied as these conditions were not incurred or aggravated by his active military service.

The Board has determined that the veteran does not have a current disability associated with his claimed conditions, and therefore service connection cannot be granted for any of these issues.

The Board has determined that the veteran does not have a current, chronic left ankle disability and therefore service connection for this condition is denied. The right shoulder claim remains pending.

The Board has denied the veteran's claims for service connection for a right knee disability and rash of both ankles as there is no competent medical evidence of current disabilities related to his periods of active duty or reserve training.

The Board found that the appellant does not have any residuals of the removal of a tumor of the right ankle attributable to military service and denied his claim for service connection. The issue of an initial evaluation in excess of 20 percent for diabetes mellitus type II is remanded.