Ankle decisions — 2007

The veteran's claims for higher ratings for his left ankle and knee disabilities were denied. The current ratings of 20 percent for the left ankle and 30 percent for the left knee are found to be appropriate based on the evidence.

The Board found no current disability of bilateral broken ankles and denied the veteran's claim for service connection.

The Board has determined that the veteran's recurrent right ankle sprain is related to his service and granted service connection for this condition.

The Board denied the veteran's claims for service connection for low back disorders and right ankle disorders, finding no evidence of in-service injury or disease that could be linked to current conditions.

The Board denied the veteran's claims for service connection for various conditions, including sinusitis, urinary tract infections, and bilateral foot disabilities. The veteran was granted a 10% rating for atopic dermatitis effective October 24, 2005.

The veteran's appeal is being remanded for additional evidence to be obtained and a new VA examination.

The veteran's claims for service connection for a bilateral ankle and foot disability, tinnitus, and an increased evaluation for his low back disability were denied. The Board found no evidence of in-service injury or disease that would support these claims.

The veteran's claims for service connection for hearing loss in the right ear, high cholesterol, and increased ratings for arthritis of the shoulder, knee, and ankle were denied. The RO found that these conditions are not related to service or military noise exposure.

The veteran's claims for service connection for PTSD, prostate disability, and skin disability are denied due to lack of a confirmed stressor or diagnosis. The veteran's claim for service connection for residuals of gonorrhea is denied as there is no medical evidence linking the condition to service. The veteran's claims for service connection for headaches, GERD, left ankle disability, neck disability, and Tietze's syndrome are denied due to lack of a current diagnosis or competent medical evidence linking the conditions to service.

The Board found that the veteran's service-connected right knee disability has aggravated his low back disability, warranting VA compensation for this degree of aggravation.,A chronic bilateral hip condition was not present during active duty or for many years thereafter and is not related to such service.

The Board found that the veteran's service-connected cerebral contusion with right hemiparesis does not warrant a higher evaluation due to the severity of his neurological impairment, but did not find any evidence linking his ankylosis in the right ankle to his service-connected condition.

The Board has determined that the veteran's claimed disabilities, including right ankle disorder, left ankle disorder, right knee disorder, low back disorder, right shoulder disorder, left shoulder disorder, migraine headaches, tinnitus, and a disability manifested by vertigo, were not incurred or aggravated during his period of active duty service. The evidence does not support a finding that any of these conditions are related to service.

The Board finds that the veteran's right and left ankle disabilities were not incurred or aggravated by service. The evidence does not support a finding of chronic disability during service, and there is no showing of continuity of symptomatology after service.

The veteran's right ankle sprain with degenerative changes is currently rated as 10 percent disabling. Maxillary sinusitis before October 7, 1996 and from that date are each rated at 10 percent. The claims for increased evaluations have been denied.

The Board found no evidence of a left ankle disability or constrictive sleep apnea syndrome in service, and the preponderance of the evidence does not support a finding that these conditions are related to service. The veteran's claims for service connection were denied.

The Board has determined that the veteran's right ankle disability, currently rated at 20 percent, warrants a higher rating of 30 percent due to ankylosis in plantar flexion.

The Board denied the veteran's claims for increased ratings for his right hand fracture and right ankle fracture, finding that there was no evidence of limitation of motion or ankylosis to warrant a compensable rating under either the old or new VA rating criteria.

The veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on need for regular aid and attendance of another person or being permanently housebound.

The veteran's claim for education benefits under the Montgomery GI Bill was denied because she did not meet the eligibility requirements for either Chapter 1606 or Chapter 30.

The Board denied service connection for residuals of fractured ankles, herniated cervical disc, bilateral carpal tunnel syndrome, and arthritis of multiple joints including hands, knees, and elbows. The underlying disorders were not shown to have worsened during active or inactive duty.