Ankle decisions — 2008

The Board denied the veteran's claims for service connection and increased evaluation for various conditions, including bilateral carpal tunnel syndrome, right ear hearing loss, left ear hearing loss, a right ankle disability, positional vertigo, gastritis, a left ankle disability, a right shoulder condition, and chronic lumbosacral strain and myositis with degenerative joint disease.

The Board found that the veteran's service-connected disabilities did not cause or contribute substantially to his death. The VA examiner concluded that PTSD, while contributing to some of the veteran's underlying medical problems, was unlikely to have caused or contributed to the development of congestive heart failure and ischemic myocardium.

The veteran's claims for increased ratings and service connection were denied. The RO found that the veteran did not meet the criteria for higher disability ratings based on his chronic low back strain or residuals of right ankle sprain with arthritis, and there was insufficient evidence to establish service connection for an acquired psychiatric disorder.

The Board has determined that there is no evidence of current disabilities for the left ankle, bilateral knees, or low back strain. The veteran's service records do not support her claims of in-service injuries resulting in these conditions.

The Board has determined that the veteran's current right ankle condition was not incurred in or caused by service, and there is no evidence of arthritis within one year following discharge from service. As a result, the claim for service connection for residuals of injury to the right ankle is denied.

The Board denied service connection for a right ankle disability and the claim for compensation under 38 U.S.C.A. § 1151 for residuals of a right shoulder rotator cuff repair as a result of VA treatment in 1989 or 1990. The issue regarding reopening a claim for service connection for right knee injury is remanded.

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

The veteran's claims for service connection and reopening of his shin splints claims are being remanded due to the need to obtain additional records, including SSA records.

The veteran's right ankle strain was not manifested by marked limitation of motion during the period from August 22, 2002 to July 4, 2005.,Since July 5, 2005, the veteran's right ankle strain has not been manifested by ankylosis of the ankle joint.

The Board has denied the veteran's claims for service connection for low back, bilateral ankle, and bilateral foot disabilities due to a lack of competent medical evidence linking these conditions to his military service.

The Board has determined that the veteran's left ankle disorder was not caused or permanently worsened by his service-connected right knee disability.

The veteran withdrew his appeal concerning the initial rating for the residuals of a left ankle fracture.

The Board denied the veteran's claims for service connection for various conditions, including bilateral hearing loss, cervical and lumbar disorders, retained metal in the left knee, right ankle injury residuals, and unspecified right foot disorder (history of plantar warts). The appeals were all denied as new and material evidence had not been submitted to reopen these claims.

The Board has determined that new and material evidence has not been submitted to reopen the claims for service connection for bilateral hearing loss, a mental disorder (including depression), and bilateral knee disorders. The claim for service connection for a bilateral ankle disorder is also denied.

The Board has granted service connection for the veteran's left ankle injury and anxiety disorder, each rated at 10 percent. The initial disability ratings have been maintained.

The veteran's right and left ankle disabilities have been granted a disability rating of 20 percent each, effective July 16, 2005. The claims for service connection for the left elbow, shoulder, deep vein thrombosis with blood clot in lower leg, gastric reflux, and bilateral knee disabilities are pending.

The veteran withdrew his appeal regarding the claim for a rating in excess of 10 percent for residuals, sprained left ankle, with post operative scar and post traumatic arthritis.

The Board found that the veteran's death was not caused by any service-connected disability, and thus denied both the claim for cause of death and DIC under 38 U.S.C.A. § 1318.

The Board has determined that further procedural and evidentiary development is needed before deciding the appeal, including obtaining medical records from Naveed Ahmad, M.D., and scheduling a VA orthopedic examination to determine if any disabilities are related to service or secondary to the service-connected left knee disability.

The veteran withdrew his appeal for the right ankle disorder issue prior to a decision being made. The back disorder issue is remanded for further development.