Ankle decisions — 2008

The Board found that the veteran's right ankle disability does not meet or approximate the criteria for a rating greater than 30 percent, as she does not have ankylosis of the ankle joints and no actual loss of use of the foot. The current 30 percent rating under Diagnostic Code 5284 is therefore denied.

The Board has determined that the veteran's pre-existing left knee and ankle disability did not undergo a permanent worsening during military service, and thus denied his claim for service connection.

The veteran's service-connected disabilities were evaluated and the RO granted increased ratings for some conditions, but denied others.

The VA denied an increased rating for the veteran's right ankle sprain, currently rated at 20 percent.

The Board has determined that the veteran does not have current disabilities for which service connection can be granted, including left and right carpal tunnel syndrome, residuals of frostbite of the right hand, bilateral knee arthritis, or bilateral ankle arthritis.

The Board denied increased ratings for the veteran's residuals of a septorhinoplasty, bilateral pes planus with bilateral bunions, and left ankle injury with talar spur.,The veteran's residuals of a septorhinoplasty were not found to meet criteria for a compensable rating.

The Board has determined that the veteran's left ankle disorder was not incurred or aggravated by service and denied his claim for service connection.

The veteran's claims for increased ratings for PTSD, left ankle fracture residuals, shell fragment wound of the left leg, and bilateral hearing loss are being remanded due to insufficient notice provided and the need for additional VA examinations.

The Board has reopened multiple service connection claims but denied the underlying claims on the merits. The veteran's TMJ dysfunction claim is granted, while his other claims are denied.

The Board denied service connection for arthritis of the left and right ankles, finding that there was no evidence linking these conditions to active duty service.

The Board denied service connection for a chronic right ankle disability and did not reopen the previously denied claim of rheumatoid arthritis.

The veteran's appeal is being remanded for further development, including obtaining medical records and providing the veteran with a VA examination to assess his service-connected disabilities.

The Board has granted service connection for the veteran's right knee, left knee, right ankle, left ankle, right hip, and left hip disabilities. The initial ratings assigned are 10 percent each.

The Board has determined that the veteran's residuals of a motorcycle accident are not service-connected due to being incurred as a direct result of willful misconduct.

The veteran seeks service connection for various disabilities, including diabetes mellitus. The claims are being remanded to allow for further development and examination.

The veteran's overpayment of $10,364.20 is waived due to the VA's substantial fault in failing to notify him of his incarceration status and accepting benefits he was not entitled to.

The VA determined that the veteran's right ankle strain does not warrant a compensable disability rating.

The veteran's appeal is being remanded due to a potential jurisdictional issue regarding the timeliness of his response. The case will be returned to the Board for further review after addressing this matter.

The Board denied the veteran's claims for service connection for headaches, left knee disability with osteophyte formation, and left ankle deformity. The veteran's left knee disability is rated as noncompensable due to minimal arthritis and limited motion, while his left ankle deformity is also rated as noncompensable.

The Board denied the veteran's claim for service connection for a right ankle disability, finding no current diagnosis of such condition and noting that there is no clear and unmistakable evidence to rebut the presumption of soundness at entry into service. The Board also found insufficient medical evidence to support a diagnosis of any chronic pathological disorder of the right ankle.