Ankle decisions — 2007

The Board denied the veteran's claims for increased disability ratings for pes planus and a right ankle disability, finding that the evidence did not warrant an increase in these ratings.

The veteran's claim for a total rating based on individual unemployability was denied as her service-connected disabilities do not meet the threshold requirements for such a rating. The noncompensable rating assigned for scleroderma is upheld.

The veteran's right ankle disability, manifested by pain and limited motion, is currently rated at 30 percent. The Board has determined that the evidence supports a higher evaluation of 40 percent for ankylosis of the right ankle.

The VA has denied the veteran's claims for increased ratings for his service-connected right foot and left ankle disabilities, as they do not meet the criteria for a higher evaluation.

The Board has determined that the veteran does not have current right ankle or sinusitis disabilities and there is no medical evidence linking these conditions to service. Therefore, service connection for residuals of a right ankle sprain and respiratory disability claimed as sinusitis are denied.

The veteran's current residuals of his GSW of the left foot are characterized by complaints of pain, limitation of motion of dorsiflexion, arthritis of the metatarsal joints, deformity of the lateral tarsal region, and a large bony prominence of the proximal medial foot at the ankle joint near the first metatarsal proximally. The criteria for a rating in excess of 20 percent have not been met.

The Board has determined that there is no evidence of a current foot or ankle disorder and the preponderance of the evidence does not support an association between any current foot or ankle disorders and service. Therefore, the claim for service connection for tendonitis of the bilateral feet and ankles is denied.

The Board has denied all service connection claims as there is no evidence of any claimed conditions during or within one year after service, and the nexus opinions are against a link to service.

The veteran's appeals for service connection on the issues of hypertension, headaches, sprain/tendonitis of the left ankle, hearing loss, and respiratory disorder as due to an undiagnosed illness were dismissed because she did not timely file a substantive appeal. The Board does not have jurisdiction over these matters.

The Board denied the veteran's claims for service connection for residuals of a right ankle sprain, a low back disability, and hemorrhoids due to lack of current disabilities. The RO granted service connection for right ear hearing loss but denied service connection for left ear hearing loss.

The veteran's claims for service connection and increased rating are being remanded due to the need for additional development of his medical records.

The Board has reopened the claim for service connection for right ankle arthritis and remanded it for further development. The COPD secondary to asbestos exposure issue is also being remanded for additional development.

The veteran's service-connected thoracic spine disability did not meet the criteria for a higher initial rating.,For his cervical spine disability, the veteran met the criteria for an initial 10 percent rating prior to January 19, 2005, and in excess of 30 percent therefrom. However, he did not meet the criteria for a higher initial rating.,The right shoulder disability did not meet the criteria for a higher initial rating.,For his service-connected hypothyroidism, the veteran did not meet the criteria for an initial rating in excess of 10 percent prior to May 15, 2002, and in excess of 30 percent therefrom. The veteran's ankle disorder was not found to be incurred during active service.,The veteran failed to submit a substantive appeal regarding his claim for increased ratings on headaches.

The Board has remanded the case for further development due to issues regarding the credibility of the veteran's account and the need for an orthopedic examination.

The Board has remanded the case for further development and consideration of the issues, including obtaining SSA records, scheduling a VA examination, and readjudicating the claims.

The Board denied the veteran's claims for service connection for various conditions, including erectile dysfunction, stiff aching joints, lack of energy, and gastrointestinal disorders. The decision found that these conditions were not directly related to service or due to an undiagnosed illness incurred during the Gulf War.

The Board found that the veteran's right ankle disability was not incurred in or aggravated by active service and denied his claim. The tinnitus issue is remanded for a VA examination.

The Board has determined that the veteran does not have a confirmed chronic skin disability and her left ankle sprains do not meet the criteria for a higher rating.

The Board found that the veteran did not meet the schedular criteria for a TDIU prior to August 4, 1999 and denied his claim for an earlier effective date.

The Board denied the veteran's claim for service connection for a right leg disorder, finding no credible evidence linking his current conditions to service.