Ankle decisions — 2009

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment.

The Veteran's appeal for an increased rating for his service-connected right ankle disability has been denied as the current evaluation of 40 percent is considered the maximum available under VA regulations.,A temporary total evaluation was granted from April 7, 1997 to May 31, 1999 due to the Veteran's need for convalescence following surgery for his right ankle disability.

The Board denied the Veteran's claim of service connection for a right ankle disability, finding that new and material evidence had not been submitted to reopen the claim.

The Veteran's claim for an increased evaluation for his right ankle disability was denied as the evidence did not support a higher rating than 20 percent.

The Veteran's appeal is being remanded due to the Veterans Law Judge who presided at his hearing no longer working for the Board. He has been offered a new hearing via video conference, and he has requested one.

The Board has reopened the Veteran's claims for service connection for left and right ankle sprains. The effective date of the grant of service connection for hearing loss of the right ear is set at October 20, 2006.

The Veteran's service-connected disabilities, which include knee and ankle conditions, do not meet the percentage rating standards for TDIU. However, the Board found that all forms of employment were not precluded solely due to these disabilities.

The Board has determined that the Veteran does not have a current bilateral ankle disorder and therefore, service connection for this condition is denied.

The Board has determined that the Veteran's service-connected residuals of a right ankle injury warrant an evaluation of 20 percent disabling, effective June 12, 2009. The claim for service connection for a left ankle disorder is granted as secondary to his service-connected right ankle disorder.

The Veteran's service-connected right ankle fracture with traumatic degenerative arthritis does not meet the criteria for vocational rehabilitation services under Chapter 31 of Title 38, United States Code.

The Veteran's diabetes mellitus, along with other service-connected conditions, has resulted in a 40 percent disability rating. The Board also granted the Veteran's claim for TDIU due to his inability to secure and maintain gainful employment.

The Board has denied the claims for service connection for a right ankle sprain and bilateral carpal tunnel syndrome as there is no competent evidence of a nexus between these conditions and the Veteran's military service.

The Veteran's service-connected right ankle disability and vasomotor rhinitis are currently evaluated as non-compensably disabling. The Board finds that the evidence does not support a higher evaluation for either condition.

The Board has determined that the Veteran's lumbar spine, right ankle, left ankle, and bunions disabilities are not service-connected. The flat feet disability is currently rated as second degree pes planus (flat feet).

The Board has determined that the Veteran's claimed rib injury residuals are not service-connected and his claim for an increased rating for staph infection is denied.

The Veteran's bilateral pes planus was first manifested during service and is presumed to have been incurred therein. The Board finds that the Veteran has established service connection for this condition.

The Board has determined that new and material evidence has been submitted to reopen several service connection claims, but the specific evaluations for these conditions remain unchanged.

The Board has determined that the veteran's claimed left ankle disorder and bilateral foot disorder are not related to her military service, and thus denied both claims.

The Veteran's service-connected right ankle disorder was found to be productive of no more than moderate limitation of motion prior to January 25, 2008 and marked limitation of motion as of and following that date. The claim for increased evaluation is denied.

The Veteran's appeal is being remanded for additional development, including obtaining records of his recent surgeries and physical rehabilitation. He will also be provided with a VA examination to assess the current severity of his left knee and right ankle disabilities.