Ankle decisions — 2008

The veteran's appeal is being remanded for further development, including a VA examination at a Minneapolis or St. Cloud facility to determine the nature and etiology of any current conditions related to his military service.

The Board denied service connection for degenerative disc disease of the lumbar spine, right ankle sprain, and bilateral carpal tunnel syndrome. The veteran's claim for these conditions is remanded to obtain additional evidence.

The Board has determined that there is no competent medical evidence linking the veteran's current conditions to his service, including exposure to asbestos or ionizing radiation. As such, the claims for service connection have been denied.

The Board denied the veteran's claims for service connection for bilateral toe, elbow, and knee disabilities due to lack of evidence showing a chronic disability during or within one year after service.

The veteran's claims for service connection for right ankle, knee, breast cancer, and thyroid disabilities were denied. The RO also found that there was no clear and unmistakable error in a February 1998 rating decision regarding PTSD.

The Board found that the veteran's right ankle disability does not present an exceptional or unusual disability picture, with such related factors as marked interference with employment or frequent periods of hospitalization. Therefore, the criteria for referral to the Director of Compensation and Pension Service for extra-schedular consideration under 38 C.F.R. § 3.321(b) have not been met.

The Board has determined that the veteran does not have a current disability for which service connection can be granted, specifically left shoulder disability, bilateral ankle disability, and right ear hearing loss.

The Board has determined that the veteran's residuals of a left leg injury with resulting ankle pain and swelling warrant a 10 percent rating, effective January 20, 2005. The claim for an earlier effective date is denied.

The Board has determined that the veteran's service-connected ankle disabilities played a material causal role in his death, and therefore grants service connection for the cause of the veteran's death.

The Board has determined that the veteran's current left ankle and foot weakness are not due to VA medical treatment, and thus does not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The Board found that the veteran's left below-the-knee amputation and right ankle/leg ulcers were not caused or made worse by his service-connected weak feet with hammer toe deformities.

The Board has determined that the veteran does not have a current left foot and/or ankle disability, including arthritis. The evidence shows no ongoing residuals of an injury to the left ankle incurred in service.

The Board granted an increased rating of 40 percent for the veteran's lumbar spine disability effective May 25, 2007. The RO also established service connection for residuals of fracture of right tibia and fibula with right ankle disability and assigned a 10 percent rating.

The VA determined that the veteran's current left ankle disability and arthritis did not originate in service, as there is no evidence of such during his active duty. The Board found insufficient medical evidence to link any current disability to service.

The Board denied the veteran's claims for service connection for a back disability, PTSD, major depressive disorder, and an initial compensable evaluation for a right ankle disability. The issues of whether new and material evidence has been submitted to reopen a claim for service connection for a back disability were remanded.

The Board has granted service connection for osteoarthritis of the right ankle and hepatitis C, with a rating of 10 percent effective as of the date of the decision.

The Board has remanded the case for an additional VA orthopedic examination to evaluate the level of disability attributable to his service-connected residuals of a left ankle injury and for corrective VCAA notice.

The Board found that the veteran did not have a current disability of a chronic left ankle disorder and that there was no evidence to support a nexus between any in-service trauma and his current condition. As such, service connection for a left ankle disorder is denied.

The Board has determined that the veteran does not have hearing loss, tinnitus, a knee disability, a low back disability, an ankle disability, or a hand disability as the result of disease or injury incurred in service. The claims are therefore denied.

The Board denied the veteran's claims for service connection for osteoarthritis, vascular hypertension, and gastroesophageal reflux disease (GERD) as there was no evidence of a current disability related to active service.