Ankle decisions — 2007

The Board found no evidence of current left knee or left ankle disorders.,VA post-service treatment records were negative for any findings or diagnoses related to the claimed conditions.

The Board has ordered the VA to obtain the veteran's service medical records and request an examination. The appeal will be held in abeyance until these actions are completed.

The veteran's claims for increased ratings for DJD of the left knee and right ankle have been denied as his conditions do not warrant a higher rating under applicable diagnostic codes.

The Board denied the veteran's claims for higher initial ratings and service connection for various joint pains, finding that his right knee disability was manifested by symptoms of pain, swelling, tenderness, crepitus, motion limited from 10 to 140 degrees when considering functional impairment, and arthritis confirmed by x-ray examination. There is no instability of the right knee joint.

The veteran's service-connected bilateral pes planus, multiple skin keloids over the chest and left shoulder, right ankle disability, left ankle disability, and gastroesophageal reflux disease (GERD) have all been denied as not warranting any increased evaluations from September 1, 2003.

The veteran's onychomycosis of both feet was granted a noncompensable rating from July 14, 1999, to November 18, 2003. From November 19, 2003, he is rated at 30 percent for this condition. His status post left ankle sprain has been rated as 10 percent since July 14, 1999.

The Board has determined that the veteran does not have a current disability related to his period of active duty service for any of the conditions he is seeking service connection for, including left and right knee injuries, left and right ankle injuries, hepatitis, head injury, bilateral hearing loss, tinnitus, cervical spine disability, and lumbar spine disability. The Board has also determined that there is no evidence of a nexus between these disabilities and his period of active duty.

The veteran withdrew his appeal for the issues of whether new and material evidence has been received to reopen a claim of service connection for bronchial asthma and entitlement to higher ratings for bilateral hearing loss, residuals of prostate cancer, impotence (to include the matter of entitlement to a higher rate of SMC for loss of use of a creative organ).

The Board found that the veteran does not have a current bilateral shin or ankle disorder and that any such disorders are not related to service, including as secondary to his service-connected pes planus. Therefore, the claims for service connection were denied.

Service connection is denied for all claimed conditions as there is insufficient medical evidence linking any current disability to active duty service or post-service treatment.

The Board has granted the veteran's claims for service connection for left ankle and right foot disabilities, both claimed as secondary to his service-connected left foot metatarsalgia.

The Board has determined that the veteran's bilateral knee disability, arthritis of hands, wrists, ankles, and feet, and high cholesterol were not incurred in or aggravated by active service.,Service connection for residuals of shrapnel wounds to the right shoulder disability is granted based on a combat injury during service.

The Board has determined that the veteran's service-connected left ankle strain results in no more than moderate limitation of motion and does not result in ankylosis or any malunion. Therefore, a rating in excess of 10 percent is denied.

The veteran's appeal for an increased rating and service connection for his right foot disability, as well as secondary service connection for his ankle and hip degenerative joint diseases, was denied.

The veteran's original claims for service connection were not received within one year of his separation from active duty, and thus the effective dates for awards of service connection are set at September 30, 2002.

The Board denied an increased evaluation for the service-connected unstable left ankle and granted service connection for right upper extremity radiculopathy, but denied service connection for a claimed bilateral foot disorder. The veteran's claims for increased evaluations of his left knee disability and service connection for left upper extremity radiculopathy are remanded.

The Board has determined that there is no evidence of a current disability for the claimed conditions and insufficient medical evidence to establish service connection. The veteran's claims for service connection for a lumbar spine disability, bilateral knee disability, bilateral ankle disability, and bilateral pes planus (flat feet) are denied.

The veteran's right ankle disability, manifested by pain and marked limitation of motion without ankylosis, is currently rated at 20 percent under Diagnostic Code 5271. This rating reflects the maximum schedular evaluation available for this condition.

The veteran's appeal is being remanded to the RO for a travel board hearing. The issues of service connection for cervical spine arthritis and an increased rating for status post fractured left ankle with traumatic arthritis are pending.

The Board has determined that the veteran does not have a current right ankle disability and therefore, service connection for residuals of right ankle fracture is denied.