Ankle decisions — 2008

The veteran is seeking an increased evaluation for his service-connected right ankle disability. The RO has remanded the case due to a lack of recent VA examination and potential need for extra-schedular consideration.

The veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board has decided that the veteran's claim of entitlement to service connection for a left ankle disorder is granted.

The veteran's claim for an increased rating for osteoarthritis of the right elbow, right ankle and both knees with hypermobile joint syndrome was granted. The current disability is rated at 20 percent.

The Board has denied the veteran's claims for increased ratings and effective dates for various service-connected disabilities, including PTSD, post-concussive syndrome, temporal lobe seizures, neuropathy of the left common peroneal nerve, left ankle fracture, right ear hearing loss, balance disorder, low back disorder, and bilateral knee disorders. The appeals are denied.

The Board denied the veteran's claims for increased disability rating for bilateral hearing loss and service connection for bilateral knee disorder and ankle disorder. The veteran's current conditions were not related to his military service.

The VA denied the veteran's claims for an initial rating in excess of 10 percent for his service-connected tibial fibular fracture of the right ankle, with associated scars. The RO also granted service connection and assigned a noncompensable rating for bicuspid aortic valve (claimed as aortic regurgitation).

The Board has determined that the veteran does not currently suffer from a left ankle disability or bilateral knee disability, and therefore service connection for these conditions is denied.

The Board has granted a noncompensable disability rating for the veteran's service-connected residuals, left ankle fracture, effective from September 13, 1989 to October 30, 2005. Since October 31, 2005, the veteran is rated at 10 percent for this condition.

The veteran's claims for higher initial ratings for lumbar muscle strain, right ankle disability, and an increased rating for residuals of a cervical spine fracture were denied. The veteran was granted service connection for these conditions but with initial ratings that did not meet his expectations.

The Board has reopened the veteran's claim for service connection for left ankle arthritis due to new evidence submitted since the previous denial. However, the Board denied the underlying claim as there is no clear and unmistakable evidence that the veteran's pre-existing left ankle arthritis worsened during service.

The veteran's claims for increased evaluations of his service-connected cervical strain, scar, residual left ankle surgery, lumbar strain with degenerative changes at T12-L1, right ilio-tibial band syndrome, retropatellar pain syndromes of the knees, postoperative residuals of a malleolus fracture, allergic rhinitis, tinea corporis and tinea cruris, left wrist strain, left epididymitis, and scar from a thumb laceration have all been denied.,The veteran's service-connected conditions do not meet or approximate the criteria for higher evaluations under any applicable diagnostic codes.

The Board denied the veteran's claims for service connection for a back disability and bilateral ankle disabilities, as well as his requests for compensable ratings for patellofemoral pain syndrome of the left knee with history of tibial plateau stress fracture and patellofemoral pain syndrome of the right knee with history of tibial plateau stress fracture. The veteran's service-connected knee disabilities do not clearly interfere with normal employability.

The Board finds that the veteran's right ear hearing loss is service connected due to exposure to noise during service.,There is no evidence of a current right ankle disability or headaches related to service.

The veteran's service records show diagnoses of mild stress reactions in her right ankle and both knees during active duty. However, she does not have current diagnoses or treatment for hypertension, fibromyalgia, sleep apnea, a right ankle disorder, or a bilateral knee disorder. Service connection is denied as there is no evidence of current disabilities.

The veteran withdrew his appeal regarding the issues of service connection for gout, congestive heart failure, and diabetes mellitus prior to a decision being made.

The Board found that the veteran's right foot and ankle disorder did not have onset during active service, was not caused or aggravated by his service-connected shrapnel wound of the posterior right knee, and arthritis of the right foot and ankle did not manifest within one year of separation from active service. The Board concluded that the right foot and ankle disorder is not otherwise related to the veteran's active service.

The veteran's appeal is being remanded to the RO for a Travel Board hearing. The issues include seeking increased evaluation for lumbosacral strain, service connection for secondary bilateral hip and knee conditions, and service connection for secondary ankle conditions.

The veteran's claim for an increased disability rating for his service-connected right ankle injury is being remanded due to the need for further development, including a VA examination and notification of the veteran's rights.

The Board has remanded the claims for further development due to new evidence and clarification of disability status.