Ankle decisions — 2006

The Board has remanded the veteran's claims for service connection for left hip, knee, and ankle disabilities as well as PTSD due to incomplete development of evidence.

The Board denied all service connection claims, finding no evidence of a current disability related to the veteran's period of service. The claim for compensation under 38 U.S.C.A. § 1151 was also denied.

The Board denied the veteran's claims for increased ratings for hypertension, status post L5-S1 laminectomy, and post-traumatic arthritis of the left shoulder. The veteran's hypertension was not found to meet criteria warranting a compensable rating. For his status post L5-S1 laminectomy, the RO had assigned a 20 percent evaluation based on recurring attacks of moderate intervertebral disc syndrome with resolution in favor of the veteran. However, the Board determined that this evaluation did not meet the criteria for an increased rating under current regulations. The claim for post-traumatic arthritis of the left shoulder was also denied as there were no findings meeting the criteria for a higher rating.

The Board denied service connection for a right ankle disability and did not address the left wrist fracture claim due to lack of evidence. The veteran's request for a remand was granted.

The veteran's claims for increased ratings for residuals of prostate cancer with prostatectomy and left ankle sprain with synovitis and ligamentous laxity were denied as the evidence did not support a higher rating.

The Board has granted a temporary total rating for convalescence following right ankle surgery through July 31, 2002. The claim for a higher rating for residuals of the right ankle fracture remains pending.

The veteran's service-connected status post, right ankle sprain with tendonitis and status post, left fibula fracture and ankle sprain with arthritis were rated as noncompensable by the RO under Diagnostic Code 5271 prior to February 20, 2004. The RO assigned a 20 percent rating for each ankle based on examination findings, but this is the highest available rating under this code.

The Board has determined that the appellant is entitled to a 30 percent disability evaluation for her right ankle disability from June 1, 2004. The previous ratings of 10 percent prior to March 1, 2004 and 20 percent since then are maintained.

The veteran is seeking service connection for bilateral ankle and hip disabilities. The Board has determined that additional development, including obtaining service medical records from November 1990 to July 1991, is necessary before a decision can be made.

The veteran withdrew his appeals for increased ratings of his lumbosacral spine, right knee, and left ankle disabilities in a March 2004 letter.

The Board has determined that the veteran does not have a current diagnosis of any of the claimed conditions and there is no evidence to support service connection for any of the disorders. The claims are therefore denied.

The Board has remanded the cases for further development and consideration.

The Board has denied the claims for service connection for a right ankle disability, a right knee disability including arthritis, and an acquired psychiatric disorder (PTSD). The appellant did not provide objective evidence of injury in service or current disabilities. There is no medical opinion linking any current conditions to military service.

The Board denied the veteran's claims for service connection for a right knee disability, bilateral ankle disabilities, and an increased rating for his left knee disability. The veteran did not have current diagnoses of these conditions related to his period of active service.

The Board has remanded the case for additional development, including obtaining a VA examination to determine the presence and etiology of bilateral flatfoot deformity with Achilles tendonitis and/or a left ankle disorder.

The Board found that the veteran's claimed conditions were not incurred or aggravated by service, except for his skin disorder which was caused by active military service. The left knee, right great toe, and right shoulder disabilities are presumed to have occurred in service due to Agent Orange exposure.

The Board denied the appellant's claims for service connection for the cause of the veteran's death and for DIC benefits under the provisions of 38 U.S.C.A. § 1318, finding that there was no objective evidence of radiation exposure during service and that the veteran did not meet the eligibility criteria for DIC benefits.

The Board has determined that the veteran's right knee and left ankle disabilities do not warrant increased ratings as they do not meet the criteria for a higher rating under applicable diagnostic codes.

The veteran's service-connected disabilities do not prevent him from securing and following substantially gainful employment.

The Board has determined that the veteran does not have bipolar disorder and does not have marked limitation of motion of his left ankle. Therefore, service connection for bipolar disorder is denied, and an increased rating for residuals of a left ankle fracture with arthritis is also denied.