Ankle decisions — 2008

The Board has denied the veteran's claim for service connection for a right ankle disorder, finding that there is no credible evidence linking his current condition to service.

The Board has denied the veteran's claim for an earlier effective date for service connection of degenerative disc disease of the lumbar spine, finding that no valid claim was filed prior to February 5, 2003.

The Board denied the veteran's claims for service connection for bilateral ankle disorder, degenerative joint disease of the spine, hips, and knees, all claimed as secondary to service-connected pes planus.

The Board has found that the veteran's residuals of a left ankle sprain are service-connected, and thus denied the secondary service connection claim for her right ear disability. The initial compensable rating claim for the perforated tympanic membrane is granted.

The Board has remanded the case due to insufficient development of evidence regarding service connection for right ankle injury, including whether a pre-existing condition was aggravated by service.

The veteran's service-connected residuals of a fractured right ankle, tibia and fibula with arthritis is currently rated as 20 percent disabling due to marked limitation of motion. The RO has granted this rating.

The VA denied a higher disability rating for the veteran's service-connected right ankle injury, stating that he is currently receiving the maximum schedular evaluation available.

The veteran's service-connected scar of the left ankle is currently rated at 10 percent, which is the maximum rating under applicable diagnostic codes. The Board found no evidence to support a higher evaluation.

The Board denied an increased rating for the veteran's right ankle disability, currently rated at 30 percent.

The veteran's appeal includes claims for increased evaluation, service connection, and new and material evidence. The Board has reopened the claim of heat cramps due to undiagnosed illness but denied all other issues.

The Board denied the veteran's claims of service connection for joint pain in the bilateral ankles, elbows, and knees. The claim for diabetes mellitus was also denied. The veteran's head injury residuals were not found to be related to his service. Service connection for hypertension and dermatitis (claimed as a skin rash) could not be reopened based on new evidence provided by the veteran.

The Board has determined that the veteran's service-connected disabilities do not warrant a compensable rating, and no new effective date is assigned.

The Board denied the veteran's claims for service connection for arthritis of the bilateral ankles, knees, and feet as secondary to his service-connected pes planus.

The veteran's claim for an increased evaluation of her service-connected post-operative lumbar discectomy right L4-L5 with limitation of motion of the lumbosacral spine was granted, and she is now rated at 40 percent. The claim for secondary service connection for a right ankle disorder was also granted.

The Board denied the veteran's claims for service connection for various conditions, including bilateral hearing loss, tinnitus, residuals of a right arm fracture, residuals of a head injury, and loss of teeth. The evidence did not support these claims as they were either not shown to be related to service or due to herbicide exposure.

The Board has denied service connection for a left ankle disability and a right ankle disability, to include as secondary to the left ankle. The evidence does not support a finding that these disabilities are related to service.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims for service connection for right ankle and left ankle disorders. However, the evidence does not establish a direct link between the veteran's current disabilities and his active duty service.

The veteran's initial and subsequent ratings for his respiratory disorder and joint pain of elbows, ankles, and hips have been denied as they do not meet the criteria for higher evaluations.

The veteran's appeal is remanded for additional medical examinations and development of his claims, including obtaining private treatment records from his podiatrist.

The Board has determined that the veteran's left ankle disability is related to his active military service and grants the claim for service connection.