Ankle decisions — 2007

The Board denied service connection for all claimed conditions, finding that the evidence did not support a link between any of these conditions and the veteran's active duty service.

The veteran's claims for higher initial disability ratings were denied. The RO granted service connection for post-operative residuals of left L4-L5 discectomy, pterygium of the right eye, pinguecula of the left eye, and radiculopathy of the left leg but did not grant a higher rating for asthma or other conditions.

The VA denied the veteran's claim for an increased disability rating for her service-connected left ankle surgery with scar, currently rated at 10 percent. The evidence did not show marked interference with employment or frequent periods of hospitalization due to the condition.

The Board has determined that new and material evidence has not been received to reopen the veteran's claim of service connection for foot disability or right ankle disability, and thus the application to reopen is denied.

The Board has determined that there is no current evidence of residuals from the veteran's knee and ankle injuries, and thus service connection for these conditions cannot be granted.

The Board has determined that the veteran's bilateral ankle disability was not incurred in service and is not caused or aggravated by his service-connected bilateral knee disability.

The Board denied the veteran's claims for increased ratings and service connection, finding that his conditions did not meet the criteria for higher ratings or service connection based on new evidence. The effective date of any benefits was also denied.

The Board has denied the veteran's claims for service connection for left knee, right knee, left ankle, and right ankle disabilities. The Board also found that there is no current diagnosis of lumbar spine or sinusitis disability.

The Board finds that the evidence is in equipoise regarding whether the veteran's pes planus was aggravated by service, and thus grants service connection for this condition. The residuals of a left ankle sprain are also found to be incurred during service.

The Board found that the veteran's left ankle disability was not incurred in or aggravated by active military service and was not caused or aggravated by a service connected disability.

The veteran's claims for service connection for prostate cancer and a right ankle disorder were denied as there was no evidence linking these conditions to his military service.

The veteran has withdrawn his appeal on the issues of service connection for a back condition and left ankle condition.

The veteran's claim for an earlier effective date for the grant of service connection for a right ankle disability is denied as there was no pending claim prior to October 8, 1996.

The veteran's service-connected tinnitus is currently rated at the maximum allowable rating of 10 percent under Diagnostic Code 6260, and no higher initial ratings are warranted.

The Board has determined that the veteran did not timely file a Substantive Appeal regarding the April 2004 rating decision, thus the claims for increased ratings for left ankle disability and bilateral shin splints are dismissed due to lack of jurisdiction.

The Board denied the veteran's claims for increased ratings for bilateral hearing loss, lumbosacral strain, and right ankle disability. The evidence did not support a higher rating under VA regulations.

The Board denied claims for service connection for tinnitus, gout of the ankles and feet, and peripheral neuropathy of the lower extremities. The veteran's claim for tinnitus was denied as there was no earlier filed claim found. Service connection for gout and peripheral neuropathy were also denied due to lack of evidence linking these conditions to military service.

The Board has determined that the veteran's left ankle disability is manifested by marked limitation of motion, but not ankylosis. The criteria for a rating in excess of 20 percent have not been met.

The veteran's claims for increased ratings for residuals of a left ankle fracture and residuals of a fracture of the coccyx are denied as there is no evidence to support higher disability ratings under VA rating criteria.

The Board has determined that the veteran does not have a current diagnosis of right ankle, left ankle, or asthma disabilities and therefore cannot establish service connection for these conditions.