Ankle decisions — 2008

The Board has determined that the veteran's COPD existed prior to service and was permanently aggravated by service. The right ankle condition, left ankle condition, and left arm tingling are presumed to have been caused by undiagnosed illness due to exposure in Southwest Asia during the Gulf War.

The veteran's appeal is being remanded for further development, including a VA examination to assess the impact of his service-connected disabilities on his ability to use assistive devices.

The veteran's service-connected right ankle disability has been evaluated at 20 percent disabling throughout the rating period on appeal. The Board found that his disability did not meet or approximate the criteria for a higher evaluation.

The veteran's appeal is being remanded for additional development, including VCAA notice and an opinion regarding his ability to secure or follow a substantially gainful occupation due to service-connected disabilities.

The Board has determined that new and material evidence was not received to reopen the veteran's previously denied claims of service connection for a low back disability, dizziness (blackouts), heart disability, bilateral leg disability, and bilateral ankle disability. The veteran does not currently experience any of these disabilities attributable to active service.

The Board has determined that the veteran's right ankle disability is productive of no more than moderate impairment, warranting a 10 percent evaluation. The veteran's tender and painful scars on his right foot have been rated as noncompensable.

The Board has determined that additional development is necessary and the case is being remanded to the RO for further action.

The veteran's TDIU claim is being remanded for further action due to the severity of his service-connected knee and ankle disabilities, which prevent him from maintaining a substantially gainful occupation.

The Board has determined that the veteran's current ankle, knee, hip, and low back disorders are not proximately due to or aggravated by his service-connected pes planus.

The Board has determined that the veteran does not have a left ankle disability or residuals of a left knee injury incurred in service, and thus denied both claims.

The RO denied the veteran's claims of service connection for various conditions, including knee disorder, acid reflux disease (GERD), low back disorder, hip disorder, testicular pain, ankle disorder, legs/thigh disorder, bronchitis, recurring hives with sweating, and sinusitis. The veteran did not provide a specific NOD regarding these denied issues.

The Board denied an increased disability rating for congenital lymphedema with lymphatic obstruction of the right leg proximal to the right ankle, finding that the condition does not meet criteria for a higher rating.

The Board has denied the veteran's claims for service connection for bilateral ankle disorder, low back disorder, and right wrist disorder. The left wrist disability is rated at 10%.

The veteran's daughter, who is over the age of 23 and has not presented evidence that demonstrates she became incapable of self-support before reaching the age of 18, does not have legal entitlement to dependency and indemnity compensation benefits.

The Board denied the veteran's claims of service connection for low back and left hip disabilities as secondary to his service-connected left knee and left ankle disabilities due to lack of new and material evidence.

The Board has determined that the veteran's right and left wrist disorders, as well as his left ankle disorder, are not related to service. The claims for these conditions have been denied.

The Board has remanded the case for additional development, including obtaining service medical records and VA treatment records. The veteran's claims will be reconsidered based on the new evidence.

The Board has remanded the case due to incomplete service medical records and requests for additional evidence. The veteran's claims for service connection on the merits are pending.

The Board found that there is no evidence linking the veteran's current heart condition to service, and denied his claim for service connection. The other issues were not addressed as they were withdrawn by the appellant.

The Board found that the veteran's suicide was not related to service-connected conditions or willful misconduct, and thus denied the claim for service connection for cause of death.