Ankle decisions — 2007

The Board has remanded the case for additional development, including obtaining Social Security records and scheduling a VA examination to evaluate the left ankle disability. The veteran's claim for service connection for HNP of the lumbar spine as secondary to the service-connected residuals of a left ankle fracture disability will also be reconsidered.

The Board has granted service connection for left and right ankle disabilities, finding that the current disabilities are related to in-service ankle sprains. Service connection was denied for a right knee disability due to lack of evidence linking it to an in-service injury.

The Board found that the veteran's right ankle disability is manifested by daily pain and occasional swelling, functional impairment due to pain, limited dorsiflexion to 10 degrees, and limited plantar flexion to 35 degrees. The RO originally granted service connection for residuals of right ankle injury in September 1963, assigning a 10 percent rating effective July 10, 1963. In August 2002, the RO assigned an increased rating of 20 percent for the right ankle, effective April 17, 2002. The veteran's claim for an evaluation in excess of 20 percent was denied.

The Board has remanded the claim for service connection for residuals of a right ankle injury due to the need for further development, including scheduling another VA examination.

The Board has denied service connection for a right lower leg disorder, a right ankle disorder, and a reflex sympathetic dystrophy. Service connection was granted for the right ankle disorder.

The Board has denied the veteran's claims for service connection for chronic gliosis of the left tempero-occipital region and a right knee disability, both on the basis that there is no evidence of a nexus to service. The low back disability claim remains pending.

The Board has remanded the veteran's claims for further development due to a lack of compliance with previous remand instructions.

The Board has granted a rating of 10 percent for the veteran's shrapnel wound, right thigh, Muscle Group XIV and traumatic degenerative arthritis of the left ankle. The veteran is not entitled to higher ratings as his muscle disability does not meet the criteria for a moderately severe injury under VA regulations, and his knee and hip have normal range of motion.

The Board found that the veteran's right ankle disability is etiologically related to his bilateral knee medial plica syndrome, and thus granted service connection for residuals of a right ankle fracture.

The Board has determined that the effective date for a 30 percent evaluation for service-connected residuals of fracture, left tibia and fibula is March 19, 2003. The claim for an increased rating remains pending as the veteran's disability continues to warrant such a higher evaluation.

The Board has denied the veteran's claims for service connection for hearing loss and disabilities of the wrists, knees, and ankles. The claim for hearing loss was not reopened due to lack of new and material evidence. For the wrist, knee, and ankle conditions, there is no competent medical evidence showing that these conditions are related to service or any incident therein.

The Board has denied the veteran's requests to reopen his claims for service connection for right ankle and right knee disorders due to lack of new and material evidence. The claim for a right ankle disorder was not reopened, while the claim for a right knee disorder is considered reopened.

The veteran did not establish service connection for any disability during his lifetime, and therefore DIC benefits under 38 U.S.C.A. § 1318 are denied.

The Board has determined that the veteran does not have a left ankle disability that is related to his military service and therefore denied his claim for service connection.

The VA denied service connection for left ankle disability and irritable bowel syndrome, finding no current disabilities related to service or an undiagnosed illness.

The veteran's claims for service connection are being remanded due to the need for additional medical examination and review of his treatment records.

The Board denied the veteran's claims for service connection of various conditions, including a back disability, chondromalacia of the right knee, hip disability, and an eye disability. The appeals were based on direct evidence rather than any presumption or secondary service connection.

The VA denied the veteran's claim for an increased disability rating for his left ankle disability, currently rated at 20 percent.

The Board found no evidence of current disabilities of the ankles, left hip, or right hip. The preponderance of the evidence is against a finding that any currently diagnosed bilateral knee disorder, right hip disorder, and low back disorder are causally related to active service, including as secondary to the service-connected pes planus.

The Board has reopened the veteran's claim of service connection for a left ankle disorder and finds that there is reasonable doubt as to whether his current left ankle disorder is related to an injury in service. The VA examiner opined that the veteran's current left ankle disorder, including degenerative joint disease, is more likely due to a non-service-connected occupational injury in 1970. As for PTSD, the Board finds that the disability has been adequately evaluated at 100 percent.