Ankle decisions — 2008

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

The Board has determined that the veteran does not have moderate limitation of motion or pain on motion of his right ankle as a result of his service-connected right ankle fracture, and therefore he does not meet the criteria for a compensable rating under Diagnostic Code 5271.

The veteran has withdrawn his appeal, and the case is dismissed.

The veteran's initial evaluations for his left ankle condition, recurrent pruritis (skin disability), and lumbar spine disability have been granted with a 10 percent evaluation each. The other issues remain in appellate status.

The veteran's initial claim for a compensable evaluation for his left foot injury prior to June 17, 1999 was granted. From June 17, 1999 onwards, the evaluations were granted but not in excess of 20 percent.

The Board found no evidence of a right ankle injury in service and concluded that the veteran's current right ankle disability is not related to his military service.

The Board denied the veteran's claim for service connection for the cause of his death and also denied his eligibility for Dependents' Educational Assistance (DEA) due to lack of a permanent total service-connected disability at the time of his death.

The Board found that the veteran was entitled to a 20 percent evaluation for his right ankle disability, effective May 14, 2003. The claim for an earlier effective date is denied as there is no evidence of increased disability within one year prior to March 7, 1996.

The Board denied the veteran's claims for service connection for tinnitus, left knee disorder, and left ankle disorder. The decision found no evidence of a current disability related to these conditions, and the medical opinion provided did not support a nexus between any diagnosed condition and service.

The Board denied the veteran's claims for service connection of right ankle strain and left hip strain, finding that these conditions were not proximately due to or the result of her service-connected right knee disability. The claim for a higher rating for left knee patellofemoral stress syndrome was also denied. The request for restoration of a 20 percent rating for right knee chondromalacia was also denied.

The veteran's service-connected right ankle disability is not shown to be manifested by more than a moderate degree of functional loss, and the Board finds no basis for an increased rating.

The veteran's claim for an earlier effective date for service connection of synovitis, traumatic secondary to fracture of the left ankle is being remanded due to a need for further action.

The Board has remanded the case due to outstanding medical records and inadequate VCAA notice.

The Board has remanded the case to the RO for additional development, including obtaining medical records and arranging for a VA examination.

The Board has determined that the veteran's bilateral ankle disability was not incurred in or aggravated by active military service.

The Board has determined that the veteran's current chronic right ankle strain is not related to his service, and thus denied his claim for service connection.

The Board denied the veteran's claims for higher initial disability ratings for his service-connected neck injury, left ring finger fracture, and right ankle sprain. The RO had previously granted these conditions with specific disability ratings.

The Board denied the veteran's claims for service connection for tinnitus and right ankle strain. The decision found no evidence of current disability related to service, with the exception that the veteran's denial of ringing in his ears at a post-deployment health questionnaire was considered more credible than his later assertions.

The Board has remanded the case to obtain additional service treatment records, specifically surgical reports from June and July 1981. The veteran's claim for service connection for a left ankle disorder remains pending.

The Board has remanded the case due to missing VA records and additional evidence submitted by the veteran. The claim will be reconsidered with these new pieces of information.