Ankle decisions — 2007

The Board denied the veteran's claims for service connection for a left heel or ankle disability and a left knee disability, finding no new and material evidence to reopen the former denial. The claim for a left knee disability was not granted as there is no competent medical evidence linking it to service.

The Board found that the veteran does not have residuals of a right ankle injury related to his period of active military service and denied his claim for service connection.

The Board denied the veteran's claims for service connection for his right foot os calcis stress fracture and bilateral minimal distal fibular periosteal reaction with left foot weakness, altered reflex, and hypesthesia to include bilateral ankle condition. The claim of reopening a low back disability was also denied as no new and material evidence had been received.

The Board has granted the veteran's motion to advance on the docket and is now addressing his claims of service connection for chronic depression, right hip disorder, left hip disorder, right ankle disorder, and left ankle disorder. The issues have been reopened due to new and material evidence received since the last denial in October 2002.

The Board has denied the veteran's claims for service connection for a left ankle disability and an increased evaluation for his right ankle strain, finding that there is no evidence of chronicity or aggravation of these conditions during or following service.

The veteran's claims for service connection for right ankle and hip conditions are being remanded due to the need for a new VA examination to determine if his current conditions were aggravated by military service or caused by his pre-existing right ankle condition.

The Board found that the veteran's residuals of right ankle ligament reconstruction are currently evaluated as 10 percent disabling and denied an increased evaluation.

The Board has denied the veteran's claims for a higher rating for his service-connected post-operative left ankle ligament strain and an earlier effective date.

The veteran's claims for service connection for knee and ankle disabilities are being remanded due to the need for additional development, including obtaining medical records and providing proper notice.

The Board found that the submitted evidence was not new and material to reopen the claims for service connection for residuals of a left ankle fracture and asthma. The veteran's previous assertions about in-service fractures were not supported by objective evidence.

The Board has found that the veteran's tinnitus is related to his service as a helicopter pilot, and thus grants service connection for tinnitus. The left ankle condition issue remains pending.

The Board has determined that the veteran does not have diagnosed conditions such as low back disorder, cervical spine disorder, multiple joints arthritis, bilateral ankle disorder, bilateral knee disorder, or shin splints. Therefore, service connection for these conditions cannot be established.

The Board has denied the veteran's claims for service connection for a left ankle disability and an increased evaluation for his right ankle strain, finding that there is no evidence of chronicity or aggravation of these conditions during or following service.

The veteran is found to be unemployable due to his nonservice-connected disabilities, including hypertension, anxiety disorder, PTSD, arthritis, foot problems, learning disability, and migraine headaches. The Board finds that the combination of these conditions permanently precludes him from engaging in substantially gainful employment.

The veteran's bilateral pes planus and left ankle disability were evaluated, with the Board finding that the evidence did not support higher ratings for these conditions.,Specifically, the Board determined that the preponderance of the evidence was against a compensable rating for bilateral pes planus from October 12, 1985, through January 15, 1997. For the period commencing January 16, 1997, the disability warranted a staged rating in excess of 30 percent.,For the left ankle disability, the Board found that prior to March 13, 1997, no compensable rating was warranted. From March 13, 1997 through March 19, 1997, a staged rating in excess of 10 percent was granted. Finally, from March 20, 1997 onwards, the disability warranted a rating of 20 percent.,The decision also noted that these ratings were based on the criteria for pes planus and left ankle disabilities as outlined by Diagnostic Codes 5276 and 5271 in the VA's Rating Schedule.

The veteran seeks service connection for hearing loss and various other conditions. The RO has remanded the case to obtain additional records and conduct examinations.,The veteran claims service connection for rheumatoid arthritis of the hands, ankles, shoulders, and back, which he attributes to in-service exposure to humidity in Vietnam. He also seeks service connection for a psychiatric disability (likely depression) and benign prostatic hypertrophy due to herbicide exposure during service.,The veteran asserts that his current psychiatric condition is related to an in-service diagnosis of depression. The RO has requested clarification on whether the veteran is seeking service connection for PTSD, which would require further development.,The veteran claims service connection for myocardial infarctions and coronary artery disease, with a suggestion that these conditions may be secondary to his psychiatric disability. He also seeks service connection for benign prostatic hypertrophy due to herbicide exposure during service.,The veteran asserts that he was exposed to noise while serving as a policeman in the Air Force, which could potentially relate to his current hearing loss.

The Board found that the evidence does not support a current right ankle disability and denied service connection for this condition. The claims of entitlement to service connection for back and right knee disabilities are also denied.

The Board has denied the veteran's claims for service connection for residuals of bilateral heel fractures and a right ankle fracture as secondary to his service-connected postoperative internal derangement of the left knee, and for low back disability on a direct basis.

The Board has granted service connection for the veteran's residuals of a left ankle fracture and chronic urinary tract infection, but denied service connection for left knee and hip disabilities. The initial ratings assigned are 30 percent for the urinary tract infection.

The veteran's service-connected degenerative joint disease of the lumbosacral spine, cervical spine, right ankle, left ankle, right hand, and left hand have been evaluated based on their initial grant of service connection.,The veteran's service-connected degenerative joint disease of the right knee (previously characterized as chondromalacia) has also been evaluated based on its initial grant of service connection.