Ankle decisions — 2009

The Veteran does not have a current left ankle disability and the Board finds that service connection is denied.

The Board found no evidence of a relationship between the Veteran's current hand, elbow, knee, ankle, and skin conditions with his service. The preponderance of the evidence showed that these disabilities were not incurred or aggravated by service.

The Veteran's appeal includes claims for service connection and increased ratings. Service connection was denied for a low back disorder and gynecological disorders, while the Veteran is seeking higher ratings for her left knee and ankle disabilities.

The Veteran's claims for service connection for right ankle disability, left ankle disability, sleep disorder, and hypertension were denied. The Board found no evidence of current disabilities or chronic conditions during service.

The Board denied the Veteran's claims for service connection for chronic low back, right knee, and right ankle disorders due to a lack of evidence showing continuity of symptomatology or a medical nexus between his current conditions and active duty service.,There is no credible evidence supporting the Veteran's assertions of continued symptoms since service. The separation examination was normal, and post-service records do not show treatment for these conditions until many years after discharge.

The Veteran's appeal is being remanded to obtain additional VA and private treatment records related to his bilateral knee, shoulder, elbow, and ankle disorders. The case will be readjudicated after these records are obtained.

The Veteran's initial claim for a compensable rating for hernia scarring was denied as the evidence did not meet the criteria for any of the applicable diagnostic codes.,For his left ankle disability, the Veteran's initial claim for an evaluation greater than 10 percent was also denied. The VA examiner found that the disability met the criteria for a 10 percent rating based on moderate limitation of motion due to pain.

The Veteran's service-connected left knee condition with degenerative changes is granted, but the claim for a higher initial rating is denied. Service connection for a left ankle disability secondary to service-connected right ankle and right knee disabilities is granted.

The Veteran's current disabilities are not due to the 1989 motorcycle accident, which occurred outside of VA care and treatment.

The Board has remanded the Veteran's claims for service connection and increased evaluation of his back disability and left ankle synovitis due to potential new evidence and need for further examination.

The Veteran's debt caused by the payment of VA benefits during his period of active duty service from February 3, 2003 to May 14, 2004 was properly created. The Board found that the Veteran was not entitled to receive VA compensation benefits while on active duty and thus the overpayment was valid.

The Board has denied the Veteran's claims for an increased rating for service-connected left ankle disability, service connection for hypertension (secondary to service-connected left ankle disability), and whether new and material evidence has been received sufficient to reopen a previously denied claim of service connection for a heart disorder.

The Board has determined that the Veteran's current residuals of a right ankle sprain with avulsion fracture are related to his in-service injury, and service connection is granted.

The Board denied the Veteran's claims for increased ratings for his left ankle and low back disabilities, finding that the current schedular criteria adequately described his disability levels.

The Board has determined that the Veteran's bilateral knee and ankle conditions are not related to his active duty service, and therefore denied both claims.

The Veteran's claims for service connection were denied across multiple conditions, including radiation exposure, hearing loss, obstructive sleep apnea, arthritis, left shoulder pain, hand pain, wrist pain, low back pain, and ankle pain. The Board found no evidence to support these claims.

The Veteran's PTSD and left ankle fracture were found to not warrant ratings higher than the currently assigned 50 percent for PTSD prior to June 17, 2009 and a 10 percent rating for residuals of left ankle fracture.

The Veteran's current rating of 10 percent for his left ankle disability is denied as the evidence does not support a higher evaluation.

The Board has determined that additional development is needed to determine the etiology of the Veteran's claimed right and left ankle disabilities, including obtaining her reserve duty medical records and scheduling a VA examination.

The Veteran's claims for increased evaluations for his service-connected left and right ankle disabilities have been denied. The Board found that the evidence did not support a higher evaluation for either ankle disability.