Ankle decisions — 2008

The Board found no evidence to support the veteran's claims for service connection of lumbar spine, left ankle, right ankle, bilateral hip pain, and right knee disabilities. The preponderance of the evidence showed that these conditions were not related to service.

The Board finds that the veteran's low back and left ankle disabilities are not related to his service-connected right ankle disability, and therefore denies both secondary service connection claims.

The Board has denied the veteran's claims for service connection and initial ratings for his right ankle tendonitis and GERD with diverticulitis, finding no current evidence of a left ankle disorder or significant disability in these conditions.

The veteran's claims for service connection are being remanded due to the submission of new evidence and the need for additional development, including a VA opinion on whether his right wrist disorder is related to his service-connected left thumb disability.

The Board has granted a 20 percent rating for the veteran's service-connected right ankle fracture residuals since April 6, 2005. The claim for a compensable rating for his right inguinal herniorrhaphy is also granted. However, the claims to reopen previously denied left inguinal hernia and dental trauma as well as the right eye disorder are denied due to lack of new and material evidence.

The Board has reopened the appellant's claims for service connection for right ear hearing loss, bilateral tinnitus, scar of the left cheek, and scar of the right breast. The claim for service connection for a chronic cardiac disorder (hypertension) is also granted. Service connection is established for these conditions based on new evidence received since the last final denial.

The Board denied service connection for chronic thoracic neuropathy with degenerative changes status post T6-7 discectomy and right ankle sprain, finding no evidence of such conditions in service or within a year after discharge.

The Board has determined that the veteran's knee and ankle disabilities do not warrant a disability rating in excess of 10 percent. The right thumb disability also does not meet the criteria for a higher rating.

The VA determined that the veteran's current bilateral foot and ankle disabilities did not occur during service or within one year of separation, and thus denied his claim for service connection.

The claim for service connection of a low back disability is reopened. The claim for secondary service connection of residuals of fractures of the right ankle and right fibula is denied.

The Board has decided to reopen the veteran's claim for service connection for a right hip disorder. However, additional medical evaluation is needed to determine if any current arthritis disorders or respiratory disorder are related to service, particularly exposure to cold weather in Korea.

The veteran's claim for an increased evaluation of his service-connected right ankle disability is being remanded due to the need for proper notification under the VCAA and for a VA examination.

The veteran is entitled to payment or reimbursement for unauthorized medical expenses incurred at private facilities on December 13-14, 2002 due to his service-connected PTSD and the severity of his other disabilities.

The veteran's claim for an initial rating in excess of 10 percent for residuals of a left ankle fracture is being remanded due to the need for additional VA medical records and examination.

The Board has remanded the veteran's claims for further development due to incomplete medical records and inadequate VCAA notice.

The Board found no evidence of a current right ankle/heel disorder, hearing loss disability for VA compensation purposes, or tinnitus as incurred in service. The veteran's complaints and symptoms were not supported by medical evidence.

The veteran withdrew his appeal regarding the issue of whether new and material evidence had been received to reopen his claim for a ventral hernia. The appeals for service connection for a low back disorder and an increased evaluation for chronic left ankle sprain residuals are dismissed as well.

The Board has granted a 10 percent disability rating for the veteran's residuals of a fracture of the left ankle from February 11, 2003, through April 13, 2004.

The Board denied the veteran's claim for compensation pursuant to the provisions of 38 U.S.C. § 1151 for a right ankle disability on the basis that it was sustained in the pursuit of a course of vocational rehabilitation under 38 U.S.C. Chapter 31, and denied his claim for an increased rating for a left wrist disability.

The Board has determined that the effective date for the grant of increased disability ratings for asthma and right ankle disorders should be June 21, 2006.