Ankle decisions — 2006

The veteran's service-connected disabilities do not preclude him from engaging in all types of substantially gainful employment consistent with his education and occupational background.

The Board determined that the veteran's back and left ankle disabilities were not incurred in or aggravated by service, thus denying service connection for these conditions.

The Board denied the veteran's claims for increased ratings for his service-connected chondrocalcinosis and residuals of a right ankle fracture, as there was no evidence showing ankylosis or other conditions warranting a higher rating.

The Board has determined that the veteran's right ankle disability was not caused or aggravated by his active military service, and therefore denied the claim for service connection.

The Board has remanded the case for further action by the originating agency, including ordering any examinations deemed necessary and readjudicating the issue of entitlement to service connection for left ankle disability on a secondary basis.

The Board of Veterans' Appeals (Board) denied the veteran's claims for increased evaluation, a total disability rating based on individual unemployability due to service-connected disabilities, and special monthly compensation for aid and attendance/housebound status.,The veteran's service-connected conditions include left ankle fracture, deep vein thrombosis of the left leg, hypertension, tinnitus, abdominal aortic aneurysm (right iliac aneurysm, left iliac aneurysm), and bilateral hearing loss. The maximum schedular evaluation for his left ankle fracture is 20 percent.,The veteran's combined rating from all service-connected disabilities is 40 percent, which does not meet the percentage requirements for a total disability rating based on individual unemployability.

The veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and providing proper VCAA notice.

The Board denied increased evaluations for the veteran's left ankle disability, finding that the evidence did not meet the criteria for an evaluation in excess of 20 percent prior to February 7, 2002 and found no basis for a higher rating after this date.

The Board found that the veteran's bilateral hip, knee, and right ankle disorders were not caused or aggravated by VA negligence in providing medical care. The claims for compensation under 38 U.S.C.A. § 1151 were denied.

The veteran's service-connected lumbar spine and cervical spine disorders have been granted initial evaluations of 20 percent each, effective January 1, 2001. The right ankle inversion injury and right eye residuals are not rated as compensable.

The Board has remanded the case due to deficiencies in VCAA notice and because of a need for additional development, including obtaining service personnel records and medical records from Camp Roberts.

The Board has determined that a VA examination is necessary to determine the nature and etiology of the veteran's left ankle disability, which may be related to his period of military service. The case will be remanded for this purpose.

The Board denied increased disability evaluations for DJD of the right and left ankles, both currently rated at 20 percent.

The Board has determined that additional development is needed to address the veteran's claims, including obtaining medical records and providing proper VCAA notice.

The Board has denied the veteran's claims of service connection for hypertension, osteoarthritis of the ankles and knees, morbid obesity, and diabetes mellitus with neuropathy. The evidence does not show any in-service injury or disease that would support a finding of direct service connection.

The Board has denied the veteran's claims for service connection for shortness of breath, tendonitis of the right Achilles tendon, and a disorder of the right foot and ankle other than tendonitis of the right Achilles tendon. The decision found that there is no current disability manifested by shortness of breath or any disorder of the right foot and ankle other than tendonitis of the right Achilles tendon. Service connection for tendonitis of the right Achilles tendon was granted due to continuity of symptoms since service.

The veteran's claims for service connection for various disabilities, including left shoulder, bilateral ankle, neck, right and left knee arthritis, and hypertension, were denied as there is no current diagnosis of any of these conditions.

The veteran's appeal is being remanded for additional development, including VA examinations and the provision of a supplemental statement of the case.

The Board has determined that the veteran's current left ankle and cervical strain conditions are not related to service, thus denying his claims for service connection.

The veteran's claims for service connection and higher ratings were denied. The low back disorder was not found to be related to service or a service-connected condition, while the right ankle arthritis met criteria for a compensable rating prior to December 6, 2002.