Ankle decisions — 2006

The Board is remanding the case to reopen the veteran's claim for service connection of a left foot and ankle disorder due to inconsistencies in notification and application of regulations.

The Board has determined that new and material evidence has been received to reopen the veteran's claims for service connection for a back disability, bilateral knee conditions, and right ankle condition. However, the Board found no evidence of a disease or injury in service that would support these claims.

The veteran's claims for service connection were denied as his claimed conditions are not shown to have been present in or aggravated by active military service.

The veteran's claims for increased ratings for his service-connected right ankle sprain with arthritis and instability, as well as low back disability, are being remanded due to the need for additional development.

The Board has determined that a remand is necessary to ensure the veteran's claims are evaluated under both the previous and revised rating criteria for his service-connected low back and right ankle disabilities, as amended in September 2002 and September 2003. The RO must also obtain any outstanding medical records and schedule the veteran for appropriate VA examinations.

The Board has remanded the case for additional development, including obtaining VA medical records and scheduling examinations to determine if the veteran has left ankle, left knee, or hearing loss disabilities that are related to his military service.

The Board denied the veteran's claims for service connection for bilateral plantar fasciitis, a left ankle disability with arthritis (claimed as secondary to his back disorder), and a left elbow disability. The RO found no competent evidence of current diagnoses or a nexus between these conditions and military service.

The veteran's service-connected left ankle fracture required continued use of crutches until November 5, 2002. He was not entitled to a temporary total evaluation for convalescent purposes beyond that date.

The Board granted a 30 percent rating for Osgood-Schlatter disease of the left knee since January 1, 2001. The effective date is set at January 1, 2001.

The Board has remanded the case for further development, including obtaining additional medical records and providing corrective VCAA notice.

The Board has granted the appellant's request to reopen his claim of entitlement to service connection for a low back disorder. The examiner opined that the appellant's current back problems were aggravated by his military service.

The Board denied the veteran's claim for an earlier effective date of January 24, 2003, for the award of nonservice-connected pension benefits. The veteran was not found to have been incapacitated prior to that date.

The VA denied the veteran's claim for an increased rating for his left ankle sprain, finding that he experiences no more than overall moderately limited ankle motion.

The Board found that the veteran does not have a diagnosis of PTSD and denied his claim for service connection.

The Board denied the veteran's claim for a disability rating in excess of 20 percent for her ankle disability, finding that she did not meet the criteria for ankylosis and thus could not be granted a higher rating.

The veteran's claims for increased ratings on multiple service-connected disabilities were denied by the RO. The conditions include residuals of shell fragment wounds affecting various limbs and body parts.

The Board found that the appellant's service-connected right knee degenerative joint disease did not cause or make chronically worse his right meniscus tear. The criteria for increased evaluations of his bilateral knee and ankle disabilities were not met.

The veteran's appeal is being remanded for additional development of her service connection claims, including obtaining Reserve records and any relevant post-service medical records.

The veteran's claim for nonservice-connected pension benefits has been granted due to his age, disability severity, and inability to work. The other issues related to service connection have not yet been addressed.

The Board has determined that the veteran's bilateral ankle disability and curvature of the lumbar spine with neuropathy are not related to his service-connected left knee disability. The claim for an increased rating for left knee disability, post reconstruction, is granted.