Ankle decisions — 2007

The veteran's histoplasmosis is inactive and asymptomatic, warranting a noncompensable evaluation. Service connection for swelling and pain of the feet due to an undiagnosed illness is granted.

The case is being remanded for a Travel Board hearing and further development of the claim for service connection for depression. Other issues are also being remanded.

The Board granted a 30 percent rating for the veteran's right ankle disability, effective April 8, 2003. A separate 10 percent rating was also granted for the associated scar.

The veteran's claim for vocational rehabilitation training was denied as he did not have an employment handicap and his service-connected disabilities were not impairing his ability to prepare, obtain or retain suitable employment.

The Board has determined that service connection is not warranted for the claimed right ankle disorder and denied increased initial disability ratings for left ankle disability.

The Board has determined that the veteran's hypertension was incurred during his second period of active duty service and is granted service connection. The right ankle disability is not related to service.

The Board denied service connection for a low back disorder, right ankle disability, and left ankle disability. The evidence did not support the veteran's claims of in-service injury or chronic conditions.,There is no medical evidence linking any current low back, right ankle, or left ankle disabilities to service.

The Board has granted the veteran's claim of service connection for a back disorder and denied his claims for bilateral ankle condition and an increased rating for pes planus. The decision also reopened the previously denied claim of service connection for a back disorder.

The Board has denied the veteran's claims for service connection for various conditions, including back pain, shoulder disorders, hip condition, knee and ankle issues, foot and toe joint problems, fatigue, and joint problems. The evidence does not support a finding that any of these conditions are related to military service.

The Board has denied the veteran's claim for an evaluation in excess of 20 percent for traumatic arthritis of the right ankle, finding that the maximum schedular evaluation is already assigned and no higher rating is available based on limitation of motion. The Board also found that extra-schedular consideration under 38 C.F.R. � 3.321(b) is not warranted.

The veteran's sinusitis has been rated as 30 percent disabling, resolving all reasonable doubt in her favor. The right ankle and back disabilities have not yet been addressed due to the need for further development.

The veteran's claim for an increased evaluation of his service-connected left ankle disability is being remanded due to the need for a more recent VA examination.

The Board has granted a one month extension of the temporary total rating for convalescence based on the service-connected right ankle condition, effective September 30, 2004.

The Board found no persuasive medical evidence that the veteran's right tibial fracture was caused by his service-connected right ankle fracture, and thus denied secondary service connection for a right tibial fracture.

The Board denied the veteran's claims for service connection for a gastrointestinal disability, including diverticulitis, and an increased rating for his left ankle disability. The Board found that there was no evidence of continuity of symptomatology or a nexus between current gastrointestinal disability and service, and concluded that the left ankle disability did not warrant an evaluation in excess of 20 percent.

The veteran's service records do not show any diagnosed respiratory, knee, ankle, arthritis, urinary tract infection, low back strain, eye condition, migraine headaches, or stomach conditions. The VA examinations and treatment records also did not provide evidence of these conditions during the appeal period. As such, the claims for service connection are denied.

The Board has determined that the veteran's left ankle disability, manifested by limited motion and pain, does not warrant a rating in excess of 20 percent. The maximum schedular rating available for this condition is 20 percent.

The Board has determined that the veteran does not have a lumbosacral spine disability, an ankle or foot disability (other than right foot fracture residuals), or a knee disability that is attributable to his active military service. The claims are therefore denied.

The veteran's claim for an increased disability rating for service-connected polyarthritis of the knees, hands, and ankles is being remanded due to a lack of adequate medical examination.

The Board has determined that the veteran does not currently have residuals of a right ankle sprain or a right shoulder strain. The claim for service connection for a low back strain is pending and requires additional examination to determine its etiology.