Ankle decisions — 2008

The veteran's application for nonservice connected pension benefits was granted as of June 18, 2002 due to his inability to secure and follow a substantially gainful occupation due to multiple disabilities. The effective date cannot be earlier than this date.

The Board has determined that the veteran's left ankle disorder was incurred during military service and granted service connection for this condition.

The veteran's claims for service connection and increased ratings were denied. The Board found no evidence of current ankle disabilities, and the low back disability was rated at 10%.

The Board has determined that the veteran's claims for service connection for right ankle disability, bilateral hip disability, spinal stenosis, and pulmonary embolism disorder are denied as there is no evidence of a nexus between these conditions and his active military service.

The veteran seeks service connection for a bilateral ankle disability. The case is REMANDED to the RO/AMC for further development, including scheduling of a VA examination and readjudication.

The appellant's DIC claim is being remanded due to the need for additional evidence from health care providers and signed VA Form 21-4142.

The Board has determined that the earliest document in the claims file that may be accepted as a claim for service connection for the left ankle disability is dated May 26, 2004. Therefore, an effective date earlier than May 26, 2004 for the grant of service connection for synovitis, traumatic secondary to fracture of medial malleolus, left ankle is denied.

The Board denied increased disability ratings for the veteran's service-connected right knee arthroscopy, low back strain with degenerative changes, and left ankle arthritis.

The veteran's claims for service connection for various conditions, including PTSD, lung disability, right ankle disability, skin disability, nerve damage, and heart disability are being remanded due to procedural deficiencies. The RO will provide proper VCAA notice and consider the additional evidence.

The veteran has withdrawn his appeals regarding service connection for chronic left knee, ankle, and foot disorders as well as increased evaluations for right knee anterior cruciate ligament tear residuals, right knee arthritis, and low back disorder.

The Board has decided to remand the claims for hypertension, right knee disability, and bilateral ankle disability due to the need for additional development. The diabetes mellitus claim is still pending as the veteran has initiated an appeal.

The Board denied the veteran's claims for increased disability ratings for his left ankle, left knee, and right hip disabilities. The left hip disability was rated as noncompensable.

The Board denied the appellant's claims for service connection for various conditions, finding that none of them were incurred or aggravated during his periods of active duty training (ACDUTRA) or inactive duty training (INACDUTRA). The appellant had a preexisting left knee disorder and was not shown to have any new injuries or diseases in ACDUTRA or INACDUTRA. He also did not meet the criteria for service connection due to his psychiatric condition, deep vein thrombosis of the left leg, or pseudofolliculitis barbae.

The Board denied the veteran's claims of service connection for residuals of a right ankle injury and a right shoulder disorder, finding no current disability related to his military service.

The Board denied service connection for right shoulder, left shoulder, and left ankle disabilities due to lack of evidence showing a direct relationship between these conditions and service.

The Board has remanded the case to the RO for additional development due to the veteran's failure to appear at a scheduled hearing. The veteran is requested to provide new evidence or arguments if he wishes to proceed with his appeal.

The Board has determined that the veteran's claims for residuals of a left ankle sprain, left ankle fracture, and osteoarthritis of the left knee are not supported by new and material evidence. The preponderance of the evidence is against these claims.

The Board has determined that the veteran does not have current diagnoses of right ankle, left ankle, bilateral foot condition, or left knee disabilities. The evidence does not support a finding that any such disabilities are related to service.

The Board has determined that new and material evidence has not been submitted to reopen the claim for residuals of a left ankle injury. The veteran's current left hip disability is also denied as secondary service connection cannot be granted due to lack of in-service event or disease.

The VA denied the veteran's claim for an initial rating in excess of 20 percent for lateral instability of the left ankle, as his disability is manifested by limitation of motion without ankylosis or neurologic impairment.