Ankle decisions — 2007

The Board is considering whether new and material evidence has been submitted to reopen the veteran's previously denied claim for service connection of left distal tibia fracture residuals with ankle involvement. The decision will determine if this new evidence raises a reasonable possibility of substantiating the claim.

The Board found that the veteran's right ankle disability, including traumatic arthritis, does not meet the criteria for a rating in excess of 20 percent.

The Board has granted service connection for the veteran's bilateral leg and ankle conditions, which are claimed as secondary to his service-connected pes planus.

The Board denied the veteran's claims for service connection for various conditions, including left knee, genitourinary, left foot, and right ankle disabilities. The claim of service connection for schizophrenia was also denied. No new evidence to reopen the TB claim was presented.

The Board has determined that the veteran's left ankle disability was not incurred or aggravated during service and is not related to any in-service injury. The claim for service connection is denied.

The Board has determined that there is no current diagnosis of bronchitis or a right ankle condition, and thus service connection cannot be granted for these conditions.

The Board has denied all the issues related to service connection for various conditions, including a right hip injury, defective hearing, peripheral neuropathy, left shoulder disorder, residuals of a right ankle injury, left Achilles tendinitis, and a right knee injury. The veteran's claims have been denied as there is no evidence that these conditions are due to active military service or any disability of service origin.

The Board has denied the veteran's claims for service connection for lumbar strain, right knee disability, and right ankle disability as there is no competent evidence of current disabilities or a nexus to service.

The Board has denied the veteran's request for an increased disability rating for his service-connected post-operative residuals of a right ankle sprain, currently rated at 10 percent.

The Board denied the veteran's claims for increased ratings and service connection, finding no evidence of hearing loss disability or qualifying exposure to noise trauma. The PRK surgery residuals were rated as 10 percent disabling based on moderate limitation of motion. The left ankle strain was also rated at 10 percent. Environmental allergies did not meet criteria for a compensable evaluation.

The VA has determined that the veteran's service-connected right ankle fracture does not warrant an evaluation in excess of 10 percent.

The Board has determined that the veteran's service-connected residuals of a left tibial stress fracture warrants a 10 percent disability rating, and no more. The issue of an increased disability rating for his left ankle disability is remanded.

The Board has granted a 20 percent rating for the veteran's left ankle disorder effective April 20, 2006. The initial entitlement prior to that date was rated at 10 percent.

The Board has determined that the veteran sustained dental trauma to his anterior maxilla and tooth 8 during service, which resulted in loss of teeth. The right ankle fracture is not considered incurred or aggravated by active service.

The veteran's claim for a higher rating for his left ankle disability is being remanded due to the need for additional VA treatment records and an examination.

The veteran's right ankle disorder was granted a temporary evaluation of 100 percent effective from March 6, 2002 based on surgical or other treatment necessitating convalescence. From March 1, 2003 to January 14, 2004, he received a 40 percent rating for his right ankle disorder. From July 1, 2004, the veteran was granted a 30 percent rating for his right ankle disorder. The left ankle disorder was also granted a 20 percent rating.

The Board has determined that the veteran's claimed bilateral ankle and knee disorders did not have their onset in service or are otherwise related to military service, leading to a denial of his claims.

The Board has remanded the case due to incomplete service records and outstanding medical records. The veteran's claims for service connection are pending.

The veteran's appeal is being remanded due to the need for a hearing before a Veterans Law Judge.

The Board has remanded the case for additional development, including an orthopedic examination to determine the nature and severity of all residual disabilities stemming from the in-service fracture of the tibia and fibula. The examiner is instructed to address whether any right knee disability found is a residual of the original fracture or if it developed secondary to or was aggravated by the residuals of the in-service fracture.