Ankle decisions — 2006

The Board has determined that the veteran's claimed conditions, including right rib fractures, collapsed lung, right ankle and shoulder tendonitis, and jaw fracture, are not service-connected due to lack of evidence showing a nexus between these conditions and his military service.

The Board found that the veteran's right ankle strain, with marked limitation of motion and need for a prosthetic device, warrants an initial rating of 30 percent.

The Board denied the veteran's claims for service connection of a left ankle disorder and an increased rating for his right ankle disorder. The Board found that there was no evidence to support a finding that the current left ankle condition is related to military service or his service-connected disabilities, and also concluded that the current right ankle disability does not warrant an increase in its assigned rating.

The Board has determined that there is no competent medical evidence showing the residuals of a right ankle fracture or that the current right ankle condition is related to service. Therefore, the claim for service connection for the residuals of a right ankle fracture was denied.

The Board has granted a 20% evaluation for the service-connected right ankle disability and found that the veteran's left leg disorder is secondary to his right ankle disability.

The veteran's claims for increased evaluations were denied. The Board found no evidence of current right ear hearing loss disability and determined that the veteran did not have moderate impairment in his left great toe, lumbosacral strain, or ankle condition at any point since service connection was established. The postoperative residuals of a left tibial shaft fracture with limited motion of knee were also rated as 10 percent disabling.

The Board has denied the veteran's claim for an increased rating for residuals of injury to the left ankle and foot with osteoarthritis of the left ankle, finding that the current level of disability does not warrant a higher rating.

The Board denied the veteran's claim for a rating in excess of 10 percent for degenerative arthritis status post fracture of the left ankle, finding that his disability did not warrant a higher evaluation based on moderate limitation of motion. The issue of entitlement to compensation under the provisions of title 38, United States Code, Section 1151 for a left hip disability was addressed in the REMAND portion and is still pending.

The veteran's claim for a higher level of SMC was denied as he did not meet the criteria for loss or use of both hands and feet, despite having multiple service-connected disabilities.

The veteran's service-connected right ankle disability is rated at 20 percent effective June 11, 2005. The other claims for service connection and initial ratings are granted.

The Board denied the veteran's claim for an increased disability rating in excess of 10 percent for his service-connected residuals of a gunshot wound to the right ankle, finding that these residuals did not meet the criteria for a higher rating.

The Board has determined that the veteran's right ankle, left foot, right foot, and left knee disorders are not due to disease or injury incurred in service. The claims for these conditions have been denied.

The Board has denied the veteran's claims for service connection for PTSD, a psychiatric disorder other than PTSD, and a left ankle disorder due to lack of evidence supporting these conditions as being incurred in or aggravated by service.

The Board has ordered a remand to clarify the examiner's assessment of the veteran's right ankle and to obtain his VA medical records from the San Juan VAMC.

The Board has remanded the case for additional development, including obtaining SSA records and medical records related to disability retirement. The veteran's claims will be returned to the Board after further review.

The Board has remanded the case due to insufficient evidence regarding service connection for a left ankle disability, including lack of medical records from service and high school.

The Board has remanded the case for additional development and due process concerns, including obtaining a medical opinion regarding whether the veteran's tendonitis is related to his service-connected right ankle sprain.

The Board has denied the veteran's claims for service connection for right ankle disorder, left knee disorder, and hepatitis C. The claims were previously remanded due to a lack of evidence supporting these conditions.

The Board has determined that the veteran's low back, right ankle, and right knee disabilities were not incurred or aggravated during active military service.

The veteran's appeal has been withdrawn, and the Board is dismissing the case without prejudice.