Ankle decisions — 2007

The veteran's appeal is being remanded due to the need for a hearing before a member of the Board.

The Board found that the appellant's pre-existing scar of the right arm was not aggravated during service and denied his claims for service connection for various conditions.

The Board has granted a 20 percent evaluation for the veteran's left ankle contusion, effective February 3, 2006. The condition is characterized by daily pain, weakness, and stiffness with occasional swelling and giving way.

The veteran's appeal is remanded for further development, including a new VA examination to assess the current nature and severity of his service-connected residuals of a gunshot wound of the right ankle.

The veteran's appeal is remanded for additional development, including a VA examination to assess the severity of his service-connected right knee disability and whether his left ankle disability may be secondary to or aggravated by this condition.

The Board found that the veteran did not meet the criteria for vocational rehabilitation training under Chapter 31, Title 38, United States Code due to his employment history and lack of an identifiable employment handicap caused by service-connected disabilities.

The Board has determined that the veteran's current bilateral ankle disorder is not related to his service and therefore denied his claim for service connection.

The Board denied the veteran's claims for increased ratings for his left ankle and tinea corporis disabilities, as well as service connection for right and left knee disabilities. The reasons given were that there was no evidence linking these conditions to service or a service-connected disability.

The Board denied the veteran's claims of service connection for chronic left knee, ankle, and headache disorders. The evidence did not support a finding that these conditions were incurred or aggravated by wartime service.

The Board has reopened the veteran's claim for service connection for a left ankle disorder due to new and material evidence submitted. However, further development is needed as the VA examiner's opinion was contradictory and inconsistent with other medical records.

The Board determined that new and material evidence had not been submitted to reopen the veteran's claims for residuals of a right ankle disability and bilateral flat feet disability, as the pre-existing conditions were found not to have been aggravated by service.

The Board has determined that the veteran's left ankle arthritis is secondary to his service-connected simple fracture of the left fibula, and he is entitled to a restoration of his 20 percent disability evaluation for the simple fracture of the left fibula.

The Board has determined that the veteran's gout and gouty arthritis of the hands, feet, patellar tendons, and wrists are service-connected. The secondary service connection claims for sleep apnea, headaches, and diabetes mellitus related to service-connected coronary artery disease and hypertension have been denied.

The Board found that the veteran's left ankle disorder and low back disorder were not incurred in or aggravated by active military service. The evidence did not support a finding of service connection for these conditions.

The Board is reopening the claim for service connection for residuals of a back injury based on receipt of new and material evidence. The claims for right ankle, right knee, and hip conditions are remanded to the RO for further development.

The Board has granted a 20 percent evaluation for the veteran's left ankle disability since October 4, 2006. Prior to that date, the disability was rated at 10 percent.

The veteran's claims for higher evaluations and TDIU were denied. The current ratings for his service-connected conditions are appropriate.

The Board has determined that a VA examination is needed to determine the etiology of the veteran's current symptoms, including persistent right ankle instability, falls caused by the instability, pain, swelling, numbness, and weakness in the right lower extremity. Additionally, copies of treatment records from Dr. Syperek should be requested.

The Board has granted service connection for T-12 compression fracture, degenerative changes C5-6 and C6-7, and left knee disability as secondary to the veteran's service-connected left knee chondromalacia with arthritis and meniscal tear. The claim for service connection for left ankle disability is not established.

The veteran's claim for reimbursement of unauthorized private medical expenses incurred on May 19, 2003 is denied as VA facilities were feasibly available and the treatment was not provided in a medical emergency.