Ankle decisions — 2007

The Board has remanded the case for further development due to an inadequate VA examination.

The Board has remanded the case to the RO for further proceedings, including scheduling a VA examination and requesting clarification of the veteran's employment history. The veteran is unemployable due to his service-connected disabilities as a whole.

The veteran's appeal is being remanded to comply with VA's duty to notify and assist, including providing notice of what evidence would be needed to establish service connection on a secondary basis. The case will also be reviewed for initial compensable ratings for his bilateral wrist disabilities.

The Board has determined that the veteran's right ankle disability did not have its onset during active duty and is not otherwise related to service. As a result, the claim for service connection for a right ankle disability is denied.

The Board denied an earlier effective date for total disability based on individual unemployability due to the veteran's service-connected disabilities, as the claim arose when he received a federal disability retirement and SSA benefits in 1998. The effective date is set at May 6, 2004.

The Board has determined that the veteran currently has a left ankle disability and it is as likely as not attributable to his service-connected left great toe disability. Therefore, the claim for service connection is granted.

The Board found that the veteran's left foot and ankle disability was a congenital condition that preexisted service. The VA examiner concluded that any increase in severity during service did not constitute aggravation beyond its natural progression, leading to a denial of service connection.

The Board denied the veteran's claims for service connection for a right ankle disability and a right hip disability, finding no evidence of chronic conditions during service or continuity of symptoms after discharge. The Board also found that any current disabilities are not related to service.

The Board denied the veteran's claims for increased ratings for his left ankle and knee disabilities, as well as his request for an earlier effective date. The veteran's service-connected left leg disability was also not rated higher than noncompensable.

The Board denied the appellant's claims for service connection for osteoarthritis of the right knee, left knee, bilateral ankle disability, and bone spurs of the feet. The VA examiner concluded that these conditions were not incurred in or aggravated by service.

The Board has determined that the veteran does not have a current right ankle disability or a current low back disability for which service connection can be granted. The claims are therefore denied.

The Board has ordered additional verification of the veteran's service, specifically for periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA), to determine if any period in 1992 could have contributed to his right ankle disability. The case is returned to the RO for further action.

The Board has remanded the case due to incomplete medical records, particularly regarding an MRI examination of the veteran's left knee and ankle. The RO is instructed to obtain these records and schedule a VA orthopedic examination.

The Board has determined that the veteran does not have a left ankle or headaches disability related to service and therefore denied both claims.

The Board has determined that the veteran's right ankle disability warrants a 20 percent disability rating, which is the maximum available under Diagnostic Code 5271. The current effective date remains March 29, 2004.

The Board has denied the veteran's claims for service connection for right ankle, left ankle, left knee, and right knee disorders. The September 1946 RO decision denying a right ankle sprain was final. New evidence received since then does not relate to an unestablished fact necessary to substantiate the claim.

The Board has remanded the case for additional development, including a VA examination to determine if the veteran's current bilateral venous stasis/systemic ankle ulcerations are related to his military service.

The Board found that the veteran's current left ankle disability is not related to his period of active service, and thus denied his claim for service connection.

The Board denied the veteran's claims for service connection for a left ankle disorder and hemorrhoids, finding no evidence of such conditions during active duty service or within one year post-service.

The Board has determined that the veteran does not have a disability of the left or right ankle as a result of service, and thus denied his claim for service connection.