Ankle decisions — 2007

The veteran's tinnitus is currently rated at 10 percent, the maximum rating authorized under Diagnostic Code 6260. The Board finds that his disability more closely resembles the criteria for a higher evaluation based on recurrent episodes of tinnitus.

The Board has determined that the veteran's arthritis of the right ankle, which required arthrodesis, is a result of an in-service injury. As such, service connection for this condition is granted.

The Board found that the veteran's left ankle disability does not warrant a rating in excess of 10 percent, as his range of motion was within normal limits with some functional loss due to pain and weakness. The claim for an increased rating is denied.

The veteran's claims for service connection for osteoarthritis of the knees and ankles, atrial flutter and enlarged heart, and initial rating for bilateral varicose veins were denied. The Board found that there was no evidence linking these conditions to active duty or training.

The veteran's claims for service connection for a back disorder, GERD, and a right ankle disability were denied. The Board found no evidence linking these conditions to his military service or exposure to herbicides.

The Board has remanded the case for further action, including scheduling a hearing before a Veterans Law Judge.

The Board denied the veteran's claims for increased ratings for his mechanical low back pain and left ankle disorder, as well as service connection for a bilateral hip disability. The evidence did not support an increase in rating under any applicable diagnostic codes.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for disability of the left ankle. The case is remanded for further development, including obtaining medical records and an examination.

The Board found no evidence linking the veteran's current right ankle disability to his military service and denied his claim for service connection.

The Board has determined that the veteran does not have a current left ankle disorder related to service and denied his claim for service connection. The diabetes rating issue is also denied.

The Board has determined that the veteran's bilateral wrist disorder and right ankle disorder are as likely as not related to his military service, including service in the Persian Gulf region. The symptoms of arthralgias in both wrists and ankles are explained by an undiagnosed illness.

The Board has determined that the veteran's chronic low back disorder and left ankle strain/sprain and spur are not service-connected, as there is no evidence of such conditions during active duty or for many years thereafter. The current disorders are attributed to natural aging processes and occupational activities.

The veteran's claim for a compensable rating for his fractured right ankle prior to April 3, 2006 was granted. However, the claim for a rating in excess of 10 percent since that date was denied.

The Board has denied the veteran's claims of service connection for a left knee disability and left foot drop, finding that there is no evidence linking these conditions to his time in active military service. The claim of service connection for arthritis of the left ankle was granted as it is likely attributable to his active military service.

The veteran's neck disability, degenerative arthritis of the neck, is not currently manifested and current neck pain has been present since a recent non-service-related car accident.,Allergic sinusitis with headaches and coughing up blood is not currently manifested.,Traumatic arthritis of the right ankle was incurred in active service. The veteran sustained an injury while on inactive duty for training in 1979.,The veteran's reactive airway disease with chronic bronchitis has been treated with daily oral inhalational bronchodilator therapy and is currently manifested by generally normal pulmonary function tests with the possibility of malingering.,Right great toe pain with gouty arthritis is manifested by frequent pain episodes, mid-level pain, a limp, use of a cane, and avoidance of walking up steps.

The Board has remanded the case for further action, including scheduling a personal hearing and determining whether there was CUE in previous rating decisions.

The veteran's PTSD was found to be associated with her military service. The fractures and ankle disability were not linked to the veteran's time in service. No pelvic pain or skin condition was found to have a connection to active duty.

The Board has denied the veteran's claims of service connection for low back and right ankle disorders due to a lack of evidence showing these conditions were incurred or aggravated during his military service.

The Board has reopened the claims for residuals of a right wrist injury and a right ankle disorder, but denied them on the merits.,The claim for cholecystectomy (claimed as residuals of removal of the gall bladder) was not reopened.

The veteran's service-connected right and left ankle sprains are currently manifested by subjective complaints of pain, but no functional impairment on use. The VA pre-discharge examination did not find any limitation of motion or instability.