Ankle decisions — 2009

The Veteran withdrew his claims for service connection for bilateral knee disability, bilateral ankle disability, sinusitis, and rhinitis prior to the Board's decision.

The Board has remanded the case for further development due to insufficient evidence regarding the Veteran's left ankle disability.

The Board denied the Veteran's claims for service connection for a low back disability and respiratory disability, both claimed as secondary to his service-connected arthritis of the right ankle and knee. The claim for osteomyelitis was also denied on reopening, but new and material evidence had not been received.

The Board has determined that the Veteran's current right ankle disorder is related to a reported injury during active service, and thus grants service connection for traumatic osteoarthritis of the right ankle.

The Veteran's service-connected disabilities render him unable to care for daily personal needs without regular assistance from others or to protect himself from the hazards and dangers of his daily environment, meeting the criteria for special monthly compensation based on aid and attendance.

The Board found that the evidence submitted since the September 2004 rating decision is not new and material, thus denying the Veteran's request to reopen his claim for service connection for traumatic arthritis of the left foot and ankle.

The Veteran's claim for service connection for hearing loss, left knee and ankle disabilities, low back disability, neck disability, right wrist disability, and migraine headaches was denied. The appeal is also denied regarding the TDIU claim.

The Veteran's appeals were denied as his service-connected conditions did not warrant higher initial disability ratings. The Board found that the current evaluations under the applicable diagnostic codes adequately reflected the severity of his disabilities.

The Veteran's claim for an increased disability rating for his service-connected right ankle disability is being remanded due to the need for a new VA examination.

The Veteran's appeal is being remanded for a new VA examination to determine the current severity of his service-connected residuals of a right ankle fracture. The case will be reviewed again after this additional development.

The Board denied the Veteran's claims for service connection for a right ankle disability and left knee degenerative joint disease, finding that new evidence did not relate to an unestablished fact necessary to substantiate the claim. The Board also found that there was no medical evidence linking the left knee disability to military service.

The Veteran's bilateral hearing loss is rated at 40 percent, effective June 19, 2002. The right ankle disability was not found to be incurred or aggravated by service and thus denied.

The Veteran's claims for service connection and increased rating are being remanded due to incomplete records and the need for further examination.

The Veteran's degenerative joint disease of the left ankle has been granted a 10 percent rating. Service connection was established for right foot disability, left foot disability, and residuals of stroke.

The Veteran's initial ratings for left shoulder and left ankle disabilities have been granted, but the Board finds no evidence to warrant a higher rating based on current symptomatology.

The Veteran's claim is being remanded to the RO for a Decision Review Officer review and potential scheduling of a hearing before a Veterans Law Judge at the RO.

The Veteran is seeking service connection for his right ankle and heel injuries. The VA has not obtained all of the Veteran's recent medical records, particularly from the VA Outpatient Clinic in Cameron, Missouri, since March 2008. Therefore, the case must be remanded to obtain these records.

The Board has remanded the case for additional development due to insufficient medical evidence regarding the etiology of the Veteran's current right shoulder and left ankle disabilities.

The Veteran's claim for an initial disability rating in excess of 10 percent for diarrhea has been granted, with a current effective date of April 17, 2009.

The Veteran's service-connected chronic ligamentous strain of the right ankle with degenerative joint disease is not productive of marked limitation of motion, and there is no evidence of ankylosis. Therefore, a higher rating than 20 percent is denied.