Ankle decisions — 2008

The Board denied the veteran's claims for service connection for various foot, ankle, knee, and back disorders. The evidence did not show that any of these conditions were incurred or aggravated by active duty service.

The Board denied the veteran's claims for reopening his service connection claims and granted him some benefits, but did not find new evidence to support reopening of those claims. The veteran's bilateral foot disability, left ankle disability, and congestive heart failure were not found to be related to his military service.

The Board has granted service connection for xerosis and other conditions, including gastroesophageal reflux disease, vertigo, chronic fatigue syndrome, folliculitis, right ankle disability, aphthous ulcers, sinus tachycardia, rhinosinusitis, hypertension, migraine headaches, and bilateral hearing loss. The psychiatric condition is also service connected.

The Board denied service connection for PTSD and a back disorder, finding no current diagnosis of PTSD. The Board also found that the veteran did not have a low back disorder incurred in or aggravated by active service. Service connection was granted for a left ankle disorder based on evidence showing it is related to service.

The Board finds that the veteran does not have a current right ankle disability and thus, service connection for this condition is denied.

The veteran's combined disability rating is 50%, which does not meet the minimum schedular criteria for a TDIU. However, his service-connected disabilities do not preclude him from obtaining or maintaining sedentary employment.

The veteran's service-connected conditions were evaluated at the 10 percent level for most of the appeal period, with some exceptions. The Board denied higher evaluations for various conditions.

The veteran's combined disability rating is 70 percent, but the Board finds that he is not unemployable due to his service-connected disabilities alone.

The Board found that the veteran's left ankle disability is productive of no more than moderate impairment, and thus does not warrant an evaluation in excess of 10 percent.

The veteran's death was not service-connected, and the Board denied DIC benefits under 38 U.S.C. § 1318 due to lack of continuous total disability for at least ten years prior to his death.

The Board denied the veteran's claims for service connection for hearing loss and bilateral ankle disorder, hammertoes, and spurs of the feet as secondary to his service-connected ingrown toenails. The evidence did not support a finding that these conditions were caused or aggravated by his service-connected condition.

The Board has determined that the veteran's claimed disabilities are not related to his military service, and thus denied his claims for service connection.

The Board denied the veteran's claims of entitlement to service connection for bilateral wrist pain and bilateral ankle pain, finding no current diagnosed disabilities.

The Board found that the veteran's melanoma of the left ankle did not have its onset during service, was not otherwise related to his service, and is not a disease listed under presumptive provisions for radiation-exposure. The claim was denied.

The veteran's claims for service connection for a cardiac disability, costochondritis, and dermatitis were denied as they did not meet the criteria for direct service connection.

The Board found that the veteran's right ear hearing loss existed prior to service and did not worsen during service. The right ankle and left ankle disabilities were also not incurred or aggravated by service.

The Board finds that the evidence is in equipoise as to whether the veteran's service-connected degenerative joint disease of the left ankle was caused by or resulted from active duty military service. Therefore, service connection for this condition is granted.

The Board has determined that the veteran's preexisting bilateral pes planus did not worsen during service, and there is no evidence of a current disability related to his service-connected ankle disorders or heel spurs. The claims are therefore denied.

The veteran's bilateral hearing loss is rated at noncompensable, and he does not meet the criteria for a compensable evaluation pursuant to 38 C.F.R. § 3.324 based on multiple, noncompensable service-connected disabilities since May 3, 2006.

The Board has determined that there is no evidence of a current right wrist disorder or left ankle disorder related to service. The veteran's depression claim will be addressed in the REMAND portion.