Ankle decisions — 2006

The veteran's bilateral ankle disabilities are rated at 20 percent effective December 17, 2005. The claim for an earlier effective date is granted.

The Board denied the veteran's claims for service connection and initial ratings for his disabilities, finding that they did not meet the criteria for a compensable rating under VA's schedular guidelines.

The Board has remanded the case due to the need for additional development, including obtaining Social Security Administration records and arranging for a VA examination.

The Board has remanded the case due to an apparent conflict in the evidence regarding the veteran's discharge and a need to address whether new and material evidence was received to reopen a June 2002 VA determination as to the character of his service discharge for the period from May 21, 1993 to May 30, 2000.

The Board has determined that the veteran does not have residuals of a left foot fracture or left ankle fracture due to active duty service. However, the veteran's pre-existing bunion on her left first metatarsal was aggravated by her active duty service.

The veteran's right knee, right ankle, and lumbar spine disabilities are rated at the lowest available ratings. The lumbar spine disability is granted a 60% rating effective April 8, 2004.

The Board has determined that the veteran's current back and right ankle disabilities are related to his military service, thus granting service connection for both conditions.

The veteran's appeal has been dismissed due to his death.

The veteran's claims for service connection for various conditions, including bilateral pes planus, right shoulder condition (including arthritis and arthralgia), left knee condition, right ankle condition, back disorder, left ankle condition, chalazion of the left eyelid, conjunctivitis, and kidney condition have all been denied. The veteran is seeking to reopen these claims.

The Board has determined that the veteran's bilateral ankle strain and degenerative joint disease of the first metatarsophalangeal joints, of gouty origin, were not incurred in or aggravated by service. The evidence does not support a finding that these conditions are related to military service.

The veteran is seeking service connection for degenerative arthritis of the bilateral ankles and knees, which he claims developed due to his service-connected callus disability. The RO denied these claims in October 2002, and the case is now being remanded for further development.

The veteran's claims for service connection and initial compensable ratings were denied. The right shoulder disability was rated as 10% prior to April 20, 2005, but not more than 10%. From April 20, 2005, the rating remained at 10%. Bilateral shin splints did not meet criteria for a compensable rating.

The Board found that the residuals of a left ankle fracture resulted in no more than moderate limitation of motion, and thus denied an increased rating. The issues regarding whether new and material evidence has been presented to reopen claims for service connection for right shoulder disorder, right foot disorder, and low back strain are addressed in the REMAND portion of the decision.

The veteran's claims for left ankle, lumbosacral spine, and thoracic spine disabilities were denied as they did not have their onset during active military service or due to exposure to any presumptive conditions.

The Board has determined that the veteran does not have service connection for fibromyalgia, chronic fatigue syndrome, gout and joint pain (knees, ankles, hands, wrists), or abnormal weight loss. The claim of service connection for a sleep disorder is also denied.

The veteran's claim for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment, or for adaptive equipment only is denied as he does not meet the criteria for entitlement to this benefit.

The Board has determined that the veteran's low back disability is proximately due to or the result of his service-connected left knee disability. However, bilateral hip and ankle disabilities are not shown to be related to his service-connected left knee disability.

The Board found that the veteran's residuals of hyperkalemia were not proximately caused by VA treatment and denied compensation under 38 U.S.C.A. § 1151.

The Board has remanded the case due to incomplete notification and assistance, as well as the need for additional medical examination.

The veteran's claims for increased ratings and service connection have been denied. The Board found no current disabilities related to the conditions claimed, or that were incurred during active military service.