Ankle decisions — 2008

The Board denied the veteran's claims for a rating in excess of 10 percent for right shoulder arthritis, and service connection for both his right ankle disorder and left ankle disorder. The decision found no current evidence of disability for either ankle.

The Board denied entitlement to a rating in excess of 10 percent from November 28, 2000 for the veteran's service-connected right ankle disability and denied entitlement to a TDIU.

The Board found that the preponderance of the evidence was against the veteran's claim for service connection for arthritis of the left ankle, as there was no association between residuals of a mild ankle sprain and his current condition.

The appeal is remanded to the RO for additional development, including obtaining medical records from specified physicians and possibly scheduling a VA examination.

The Board has determined that the veteran was unable to maintain substantially gainful employment from October 7, 2003, to April 23, 2004, due to his service-connected right ankle injury and has granted a total disability rating based on individual unemployability for this period.

The Board found no evidence of a nexus between the veteran's current disabilities and his service, thus denying all claims for service connection.

The VA determined that the veteran's left ankle disability, which is already rated at 20 percent under Diagnostic Code 5271 for moderate limitation of motion, does not warrant a higher rating as there is no evidence of ankylosis or other conditions that would justify such a rating. The maximum available rating has been assigned.

The Board finds that the veteran has a current diagnosis of generalized anxiety disorder related to his active duty service and grants service connection for this condition.

The Board denied the veteran's claims for service connection for hypertension, dyslipidemia claimed as a heart condition, and right ankle disability due to lack of evidence linking these conditions to his military service.

The Board has determined that there is no evidence of current disability related to service, specifically stress fractures of the right and left ankles. The veteran's complaints during active duty for training were not confirmed by subsequent medical examinations or treatment records.

The Board denied the veteran's claims for a higher rating for his lumbar spine condition and service connection for a disorder of his hips, knees, ankles, and feet. The veteran's lumbar spine condition is currently rated at 40 percent, which is the maximum schedular rating available under the old criteria. The Board found that there was no evidence of ankylosis or intervertebral disc syndrome associated with the service-connected low back disability. The VA examiner indicated it is unlikely that the veteran's lower extremity weakness is related to his lumbar spine condition.

The veteran's right shoulder and ankle disabilities have been evaluated based on their current status, with a 30% rating for the right shoulder since September 15, 2003, and a 20% rating for the right ankle since that date. The claims for increased ratings are denied.,The veteran's arthritis of the right shoulder and ankle have not been shown to be related to service or any presumptive exposure.

The veteran's claims for increased rating, service connection for PTSD, and bilateral knee disorder were denied. The Board found that the veteran did not engage in combat with the enemy and there was no credible supporting evidence of the claimed stressors related to PTSD. Service connection for a low back disorder, neck disorder, lower leg disorder, and hypertension were also denied as secondary to service-connected left ankle disability or unrelated to service.

The Board has granted the veteran's claim for service connection of his anxiety disorder as secondary to a service-connected disability, specifically post-traumatic headaches. The right ankle, left knee, cervical spine, and post-traumatic headache ratings remain unchanged.

The Board denied the veteran's claims for higher ratings for his left and right ankle disabilities, finding that the evidence did not warrant a rating higher than 20 percent under the applicable VA rating criteria.

The Board has determined that the veteran's current left ankle disability and bilateral hearing loss are as likely as not related to his service, including noise exposure in Vietnam. Therefore, these claims for service connection are granted.

The Board finds that the veteran's multiple joint disability, including elbows, hips, knees, and ankles, is at least as likely as not related to his service. Therefore, service connection for this condition is granted.

The Board has determined that the veteran does not have a current diagnosis of bilateral pes planus, bilateral ankle condition, or chronic low back strain that is related to service. The claims are therefore denied.

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

The Board has remanded the case for further development to determine if the veteran's service-connected disabilities render him unemployable.