Ankle decisions — 2009

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected myasthenia gravis and its manifestations.

The Board found that the Veteran's treatment at LRMC from February 12, 2007 to February 16, 2007 did not meet the criteria for payment or reimbursement under 38 U.S.C.A. § 1725 and the implementing regulations due to lack of a medical emergency requiring transfer to a VA facility.

The Board has determined that the Veteran's service-connected left ankle disorder warrants a rating of 30 percent, effective July 16, 2003.

The Veteran's claims for higher initial evaluations for his service-connected degenerative changes of the tibiotalar joint of the left ankle and deviated septum are denied. His claim for a compensable evaluation for bilateral hearing loss is also denied.

The Board denied the Veteran's claims for service connection for various disabilities, including diabetes mellitus type II and its associated secondary conditions, due to a lack of evidence showing such conditions were incurred in or aggravated by his military service.

The Veteran's service-connected disabilities do not prevent him from obtaining and retaining employment consistent with his abilities, aptitudes, and interests. As the effects of an employability impairment have been overcome, he does not have an employment handicap.

The Veteran's claims for increased ratings for his right knee, femur fracture, and ankle fractures are being remanded due to the need for additional examinations and consideration of new evidence.

The Board has denied the Veteran's claims for service connection for residuals of venereal disease, bilateral ankle disorder, bilateral foot disorder, and back disorder due to a lack of current evidence supporting these conditions.

The Board denied service connection for right and left ankle conditions due to lack of evidence linking the current conditions to service.

The Board granted an initial rating of 10 percent for the Veteran's service-connected left ankle disability, effective from June 26, 2004.

The Veteran's claim for a higher rating for traumatic arthritis of the left ankle with disuse osteoporosis is granted. The claim for service connection for lumbar strain as secondary to traumatic arthritis, left ankle with disuse osteoporosis is also granted.

The Board found that the appellant does not have a current left ankle disorder and denied her claim for service connection. The right ankle disorder is currently being reviewed as part of the remand process.

The Board has determined that the Veteran does not have a qualifying chronic disability for left ankle or left wrist, and his claimed disabilities are not related to service. The claims for increased ratings for cervical spine, left shoulder, right knee, left knee, right ring finger, GERD with hiatal hernia, left inguinal hernia, left orchiectomy, and right epididymal cyst have been addressed.

The Veteran's left ankle fracture and PTSD with major depression are currently rated at the maximum available ratings, and no higher evaluations are warranted.

The Board has remanded the case due to incomplete records and needs to obtain service treatment records, emergency room records, and any other relevant medical records. The Veteran's claims for PTSD, cervical spine disability, right ankle strain, left wrist cyst, and bronchial asthma will be reconsidered based on all available evidence.

The Veteran's claims of entitlement to service connection for a left knee disorder, left ankle disorder, low back disorder, and left foot pain were denied. The claim for the left ankle disorder was reopened but remained denied on the merits.

The Veteran's service-connected disabilities do not result in loss or permanent loss of use of one or both feet, hands, vision, or ankylosis of knees or hips. Therefore, the criteria for VA financial assistance are not met.

The Veteran's service-connected conditions have been evaluated, and the Board has determined that a higher disability rating is not warranted for any of his claims.

The Board found that the Veteran's claimed knee, left shoulder, and right ankle disorders were not incurred in or aggravated by service. The evidence did not establish a nexus between his current disabilities and his military service.

The Board has determined that new and material evidence has not been presented to reopen the Veteran's claim for service connection for a right ankle disability, which is considered secondary to his service-connected right great toe condition. The evidence received after the July 2003 decision does not show a current right ankle disability related to his active military service or his service-connected right foot disability.