Ankle decisions — 2008

The veteran's claims for initial compensable ratings for service-connected left wrist, distal radius fracture and lipoma of the left flank were denied. The claim for an increased rating for service-connected left ankle/heel sprain prior to October 30, 2007 was also denied.

The veteran's claims for increased ratings and new evidence of service connection were denied. The left ear hearing loss is rated as zero percent disabling, PTSD is rated at 30 percent, recurrent right knee strain is rated at 10 percent, gastritis has no service connection, URI does not have a current onset during active service or result from disease or injury in service, left knee sprain and right ankle sprain do not have a current onset during active service or result from disease or injury in service, and right ear hearing loss is not service connected.

The Board has determined that the veteran's right hip disorder, back disorder, poliomyelitis with right lower extremity shortening and musculature atrophy, and right ankle disorder are not service-connected. The claims for these conditions were denied as there was no evidence of a nexus between the current disabilities and military service.

The Board found no current right ankle disability and denied service connection for a right ankle disability based on the lack of evidence supporting such a condition.

The veteran's service-connected disabilities do not render him unemployable, as his combined disability rating is only 40 percent and he has no single disability rated at least 60 percent disabling. The VA examiner found that the veteran's service-connected conditions alone do not preclude him from securing and following substantially gainful employment.

The Board has denied the veteran's claims to reopen his service connection claims for bilateral knee disorder, right ankle disorder, and bilateral heel spurs due to lack of new and material evidence.

The Board has granted a 20 percent rating for the veteran's service-connected residuals of a right ankle fracture, effective April 12, 2002.

The veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations, as well as consideration of new evidence.

The veteran's right ankle disorder has been rated at 10 percent for the entire rating period, with no higher evaluation warranted due to lack of marked limitation of motion.,The postoperative surgical scar of the right ankle does not meet the criteria for a compensable evaluation under any applicable diagnostic codes.

The veteran's claims for increased ratings for bilateral hearing loss, left ankle sprain, and low back strain with arthritis were granted. The veteran was also denied service connection for a skin rash to include contact dermatitis, claimed as secondary to Agent Orange exposure, and entitlement to service connection for muscle weakness, claimed as secondary to Agent Orange exposure.

The Board denied the veteran's claims for increased evaluations for residuals of a left fibula and tibia fracture with ankle eversion, and traumatic arthritis of the left knee. The RO has been evaluating these conditions at the 20 percent rate under Diagnostic Code 5262.

The Board has determined that the veteran does not have a current disability for which service connection can be granted, specifically bilateral hearing loss and myopia. The Board also found no evidence of left knee or right ankle disabilities or joint stiffness.

The Board has determined that the veteran's chronic bilateral pes valgo planus was aggravated during wartime service, and thus service connection is granted.

The veteran's claims for service connection of various joint disabilities and varicocele are being remanded due to inadequate examination reports. The VA is instructed to obtain treatment records, schedule the veteran for a comprehensive VA examination, and provide an opinion regarding the relationship between current disabilities and active service.

The Board denied a rating in excess of the current 40% for postoperative residuals of a left ankle ligamentous injury with reflex sympathetic dystrophy and peroneal nerve causalgia on an extraschedular basis.

The Board has denied the veteran's claims for service connection for a right ankle disability and HIV, finding no current diagnosis of either condition and insufficient evidence to relate them to service.

The veteran's claim for an increased rating for his left ankle disability is being remanded to the RO for additional development and consideration.

The Board denied the veteran's claims for service connection and initial ratings for various disabilities, including low back, right elbow, left elbow, right knee, left knee, gastrointestinal disorder, and skin disorder.

The veteran's appeal is being remanded for further development, including a VA examination and consideration of the additional evidence submitted by the veteran.

The Board found that the veteran's right ankle disability is not proximately due to or aggravated by his service-connected left ankle disability.