Ankle decisions — 2007

The veteran's multiple service-connected and nonservice-connected disabilities prevent him from achieving a vocational goal, thus feasibility of additional vocational rehabilitation training is denied.

The Board denied service connection for headaches, s/p removal right orbital tumor and bilateral ankle disorder. The claims seeking to reopen the left and right knee disorders were also denied as new and material evidence was not received.

The veteran's claims for service connection for various conditions have been denied as there is no current evidence of these disabilities.

The Board denied the veteran's claim for a rating in excess of 40 percent for ankylosis of the right ankle and also denied his attempt to reopen his secondary service connection claim for back, hip, and knee disabilities.

The Board found that the veteran currently does not have arthritis of the knees, shoulders, and ankles. The claim for service connection was denied.

The veteran's claim for an increased rating for laxity, lateral ligaments of the right ankle was denied. The effective date for his service connection for migraine headaches is March 6, 2000.

The veteran's allergies are considered service-connected due to their onset during his military service.,There is no evidence of a current right ankle disability, and the claim for this issue is denied.,Service connection has been granted for migraines with an initial evaluation of 30 percent effective April 5, 2005. The veteran's migraines are not shown to meet criteria for a higher rating prior to that date.,The service-connected right knee disability results in slight limitation of flexion and no instability or weakness.

The veteran's claims for service connection for a left ankle disorder and tuberculosis were previously denied in September 1974. New evidence submitted since that time does not raise a reasonable possibility of substantiating the claims.

The veteran's appeal is remanded for additional evidentiary development, including a physical examination and proper notice under Dingess v. Nicholson.

The Board denied the veteran's claims for service connection for a right elbow disability and residuals of a right ankle injury, finding no evidence of such disabilities in service or related to service. The claim for residuals of a right ankle injury was also denied as new and material evidence had not been presented.

The Board has remanded the case for additional development, including obtaining service personnel records and medical records related to the veteran's claimed disabilities. The issues of entitlement to service connection for various conditions are being reviewed.

The veteran is found to be competent for VA purposes and does not meet the criteria for special monthly pension on account of need for aid and attendance or being housebound.

The VA has determined that the veteran's left ankle disability, which includes marked limitation of motion without ankylosis, warrants a 20 percent evaluation. The evidence does not support a higher rating.

The Board denied the veteran's claims for increased evaluations for his gout, right ankle disability, bilateral hearing loss, and right knee disability. The evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The veteran's appeal is being remanded due to unclear evidence of his employability status and the need for a VA examination to assess his current employment capacity.

The Board has determined that the veteran's status post left ankle fracture with degenerative arthritis more nearly approximates marked limitation of motion, warranting a disability rating of 20 percent.

The Board has granted a 20 percent initial disability evaluation for synovitis of the left ankle, which is the maximum schedular rating based on limitation of motion. There is no medical evidence of ankylosis or other complications that would warrant a higher initial rating.

The Board denied the veteran's claims for service connection for various conditions, including right and left knee disabilities, ankle disabilities, temporomandibular joint disease, scars of multiple body parts, unspecified condition of the temple (other than scarring), vision loss, and headaches. The appeals were based on direct evidence rather than a presumption or secondary to service-connected disability.

The veteran does not qualify for an annual clothing allowance as he does not wear a prosthetic or orthopedic appliance due to a service-connected disability, and the right ankle instability is not related to his service-connected right knee condition.

The Board has determined that the veteran's degenerative arthritis of both hips, ankles, right knee, and back is likely due to his service-connected left leg shortening. The rating for a depressive disorder remains unchanged.