Ankle decisions — 2007

The Board denied the veteran's claims of service connection for bilateral ankle, knee, and low back disabilities as secondary to her service-connected pes planus. The claim for an increased rating for pes planus was also denied.

The veteran's claim for additional compensation for his dependent child, D., based on school attendance during the period from September 1998 to January 2000 was denied as no formal or informal claim was filed within one year of the time period.

The Board has granted a higher initial rating of 10% for the veteran's service-connected right ankle fracture, finding that his symptoms warrant this level of disability throughout the appeal period.

The Board has determined that the veteran's right shoulder, right ankle, stomach, and gastroesophageal disease disabilities were not incurred or aggravated by service. The preponderance of evidence is against these claims.

The veteran's appeal for service connection for a back disorder secondary to his right ankle disability was dismissed due to lack of timely filing of a substantive appeal. The TDIU issue is held in abeyance.

The veteran's appeal is remanded due to the need for additional medical records and a VA examination to assess his service-connected right ankle disability, including any potential surgery.

The Board has determined that the veteran does not have any current bilateral shoulder, knee, or ankle disabilities that are related to service. Therefore, his claims for service connection in this regard are denied.

The veteran's right ankle disorder is currently rated at the maximum schedular rating of 40 percent, which corresponds to the highest amputation rule rating for below-the-knee disabilities. The claim for a higher evaluation is denied.

The VA denied the veteran's claim for an initial evaluation in excess of 10 percent for residuals of a left ankle strain, finding that his disability has not exceeded moderate limitation of motion.

The veteran's claims for service connection for various left and right lower extremity disorders, as well as a back disorder, have been denied due to the absence of current diagnoses or medical nexus.

The Board has remanded the veteran's claims of entitlement to service connection for osteoarthritis of various joints and entitlement to TDIU due to incomplete evidence, including a lack of x-rays from his May 2004 VA examination.

The veteran's service-connected low back disorder is not rated higher than 20 percent due to lack of severe lumbosacral strain or incapacitating episodes requiring bedrest and treatment prescribed by a physician.,The veteran's service-connected right knee disorder does not warrant an increased rating as it does not meet the criteria for flexion limited to 30 degrees and extension limited to 15 degrees.

The veteran's claims for service connection for left and right ankle disabilities, bilateral hearing loss, and tinnitus have been denied as there is no evidence of a chronic disability during or within one year after service. The Board finds that the current diagnoses are not related to active service.

The Board has denied the veteran's claims for service connection for residuals of a crushed left foot and left ankle impingement syndrome with chronic sprain/strain, as well as his claim for service connection for lumbar spine degenerative disc disease and spinal stenosis as secondary to a crushed left foot. The Board found that there was no direct evidence linking the current disabilities to service or any incident therein.

The veteran's appeal is being remanded for additional development, including a VA examination and proper VCAA notice.

The Board has determined that the veteran does not have a current right ankle disability and finds that he is unable to secure or follow substantially gainful employment due to his service-connected PTSD. Therefore, the claim for service connection for a right ankle disability is denied, but the TDIU claim is granted.

The veteran's appeal includes issues related to his service-connected left ankle fracture, PTSD, situational depression, and a sleep disorder. The claims for higher ratings, reopening of service connection claims, and TDIU are being remanded for further development.

The Board has determined that the veteran's left ankle scar does not meet the criteria for a compensable rating under any applicable diagnostic codes.

The veteran's claims for increased ratings were denied. The VA has granted service connection and assigned noncompensable disability ratings to his right knee disorder and left ankle disorder.,The veteran was granted service connection for patellofemoral syndrome with spurring posterior patella of the right knee, but no compensable rating is warranted due to lack of evidence of malunion or nonunion of the tibia and fibula. The VA has also granted service connection for patellofemoral syndrome with degenerative space narrowing of the left knee.,The veteran's claims for increased ratings were denied. He was granted service connection for patellofemoral syndrome with spurring posterior patella of the right knee, but no compensable rating is warranted due to lack of evidence of malunion or nonunion of the tibia and fibula.

The Board has determined that additional evidence is needed, including medical records from the Naval base at Port Hueneme and VA examinations for hearing loss, psychiatric conditions, and left ankle disability. The case will be remanded to allow these actions.