Ankle decisions — 2008

The Board has granted a 10 percent disability rating for the veteran's left ankle sprain with residual mild laxity and degenerative joint disease, effective from the date of the decision.

The veteran's nonservice-connected disabilities are of such nature and severity as to permanently prevent him from securing or following substantially gainful employment, warranting a permanent and total disability rating for pension purposes.

The veteran's claim for service connection for bilateral pes planus and related ankle, knee, and hip disabilities is being remanded due to the need for additional development. The examiner must determine if the pre-existing bilateral pes planus was aggravated by active military service and whether any current hip, knee, or ankle disabilities are secondary to the veteran's service-connected bilateral pes planus.

The Board has denied the veteran's claims for service connection for bilateral ankle pain, bilateral leg pain, and low back strain due to a lack of evidence linking these conditions to his period of active military service.

The Board denied the appellant's claim for an earlier effective date for the grant of aid and attendance benefits, finding that entitlement to such benefits was first demonstrated on August 11, 2005.

The Board found that the veteran's right hand, left hand, and right ankle disorders are not due to his service-connected lower back strain. The claims for service connection were denied.

The Board has determined that the veteran does not meet the eligibility criteria for Chapter 31 Vocational Rehabilitation benefits due to his service-connected disabilities, and the case is being remanded for further review.

The Board finds that there is no evidence to support a finding that arthritis of the ankles or feet was incurred during service, manifested within one year after separation from service, or related to flat feet (or pes planus).

The Board denied an initial rating in excess of 10 percent for the veteran's service-connected right ankle fracture, finding that her disability did not meet the criteria for a higher rating based on functional impairment or limitation of motion.

The Board denied the veteran's claims for service connection for a left knee disability, right ankle disability, and compensation under 38 U.S.C.A. § 1151 for worsening of cervical myelopathy with loss of use of both upper extremities.

The Board granted service connection for defective hearing in the right ear and left ankle disability, but denied service connection for bronchitis and otitis media with otitis externa.

The Board denied service connection for chronic low back, right knee, bilateral ankle, and bilateral hip disabilities as they were not shown to be incurred in or aggravated by service.

The Board denied service connection for a right ankle condition, finding no relationship between the present right ankle condition and service. The psychiatric disorder claim was remanded.

The Board found that the preponderance of the evidence is against a finding that any of the veteran's claimed conditions are related to service, including exposure to herbicides.

The veteran's claim for service connection for a left ankle disorder was denied as there is no evidence of a current disability or that the claimed condition is related to his period of honorable service.

The Board denied the veteran's claim to reopen a previously denied service connection for right ankle disability, as new and material evidence was not provided.

The veteran's service-connected residuals of a right ankle fracture and left fifth toe fracture do not warrant ratings in excess of 10 percent and non-compensable, respectively. Service connection was denied for hypertension, diabetes mellitus, bilateral hearing loss, degenerative joint disease of the right ankle, degenerative joint disease of the left third finger distal interphalangeal joint, lymphadenopathy, and a low back condition.

The Board granted service connection for a chronic acquired psychiatric disorder, but denied claims for service connection for neck and shoulder disabilities and an undiagnosed illness manifested by irritability, behavioral changes, insomnia, and fatigue. The claim for migraine headaches was deferred pending further development.

The Board denied the veteran's claims for increased ratings for various disabilities, including migraine headaches, cervical spine, dorsal (thoracic) and lumbar spine, right wrist carpal tunnel syndrome, left wrist carpal tunnel syndrome, right knee, left knee, and left ankle.

The Board remands the claims for service connection for right knee and ankle disabilities to secure additional evidence, including medical records from Bassett Army Hospital in Fort Wainwright, Alaska.