Ankle decisions — 2006

The Board has determined that the veteran does not have a right ankle disability due to injury or disease incurred in service. The RO's grant of service connection for genitofemoral nerve entrapment and its assignment of a 10 percent rating are upheld, but an earlier effective date is denied.

The veteran's left ankle sprain residuals have been rated at 20 percent since July 1, 1993.

The Board has determined that the veteran's service-connected disabilities are such as to satisfy the criteria for an award of special monthly compensation based on loss of use of the left foot. The veteran is also entitled to a total rating for compensation based upon individual unemployability on an extra-schedular basis.

The Board denied the veteran's claims for service connection for various disabilities, including psychiatric, left ankle, left foot, right foot, low back, and neck conditions. The claim of service connection for a hernia was not reopened due to lack of new and material evidence, while the claim of service connection for hypertension was reopened based on new evidence showing current hypertension in active military service.

The Board has determined that the veteran's current left heel/ankle disability is not related to his active duty service and thus denied his claim for service connection.

The veteran's appeal is remanded due to the need for additional development and consideration of his claims, including service connection for degenerative changes in the right ankle joint.

The Board finds that the preponderance of the evidence is against the veteran's claims for service connection for left wrist, left arm (to include tennis elbow), back, sub-deltoid bursitis of the left shoulder, and right ankle disabilities. The veteran does not have a current disability as claimed.

The veteran withdrew his appeal for all issues on appeal prior to the Board's decision.

The Board found no current diagnoses or evidence linking the appellant's reported symptoms to service, and thus denied his claims for service connection.

The Board found that the veteran did not present new and material evidence to reopen his claims for low back disability and bilateral ankle disabilities, as the submitted evidence was cumulative and did not relate to an unestablished fact necessary to substantiate the claims.

The Board denied the veteran's claims for increased ratings for his service-connected left ankle and left knee conditions, finding that the evidence did not meet the criteria for a higher rating under VA disability rating criteria.

The Board has determined that the veteran's service-connected PTSD and residuals of a severely sprained/fractured left ankle render him unable to obtain or maintain substantially gainful employment, warranting a total disability rating based on individual unemployability.

The Board has determined that the veteran's left ankle disability warranted a rating of 30 percent effective June 25, 2002, due to severe posttraumatic degenerative arthritis with ankylosis and active osteomyelitis.

The Board denied the veteran's claims for increased evaluations and service connection for his left knee and right knee disabilities, finding that there was no evidence of a chronic acquired left ankle disorder or any other condition related to his service-connected left knee disability. The evaluation for his left knee was also found not to warrant an increase beyond 10 percent.

The veteran's claim for a compensable disability rating for bilateral plantar fasciitis is granted as of May 18, 2004. The right ankle condition and fibromyalgia claims are not addressed due to lack of service connection.

The Board has granted secondary service connection for the veteran's right knee and left ankle disabilities due to aggravation by his service-connected left knee disability. The case is remanded for further development related to SSA and U.S. Postal Service disability benefits.

The Board denied the veteran's claims for service connection for a psychiatric disability and bilateral ankle/foot disorder. The decision is mixed, with some issues granted (psychiatric disability) and others not (bilateral ankle/foot disorder).

The Board found no evidence of a chronic left ankle condition during service and insufficient continuity of symptomatology to establish service connection. The VA examiner concluded that the current left ankle problems are unrelated to the sole injury involving this ankle in service.

The veteran's appeal for service connection for residuals of a right ankle fracture is being remanded due to the need for further development at the RO level.

The veteran's service-connected right ankle sprains have been rated at 30 percent since January 6, 2004.,The veteran's service-connected left ankle sprains have been rated at 20 percent since July 25, 2003.