Ankle decisions — 2009

The Board denied the Veteran's claims for increased schedular ratings for his service-connected left and right ankle disorders, finding that the evidence did not warrant a higher rating based on current symptomatology.

The Board has determined that the appellant's osteoarthritis of the left knee, back (lumbar spine), and left ankle are proximately due to or the result of his service-connected right knee disability. Therefore, these conditions have been granted as secondary to the service-connected condition.

The Veteran's claims for an effective date earlier than June 30, 2004 for a 70 percent rating for PTSD and a TDIU based on service-connected PTSD are denied as there was no pending claim prior to that date.

The Veteran died of malignant melanoma, a condition not service-connected. His death is not considered to be due to any service-connected disability.

The Board has determined that the Veteran's current left knee and left ankle disorders are not proximately due to, the result of, or chronically aggravated by his service-connected chronic lumbar syndrome with degenerative disc disease.

The Veteran's claims for increased evaluations and effective dates were denied, as well as his attempts to reopen service connection claims for elbow, ankle/heel, and wrist disabilities. The RO found that the evidence did not meet the criteria for reopening these claims.

The Board has determined that the Veteran's claimed foot and ankle disabilities were not incurred or aggravated during his active service. The evidence does not support a finding of service connection for these conditions.

The Veteran's claim for an increased disability rating for his service-connected right ankle fracture prior to January 16, 2003 was denied.,The appeal regarding the reduction of his disability rating from 20 percent to noncompensable effective January 16, 2003 was also denied. The Veteran's claim for an increased disability rating for his service-connected right ankle fracture from October 27, 2008 was granted with a 10% disability rating.,The Veteran's appeal regarding the reduction of his disability rating to noncompensable effective January 16, 2003 is not addressed as it resulted in no change in combined compensation payments.

The Veteran's claims for service connection are being remanded due to the need for additional development, including a VA examination and readjudication on both direct and secondary theories of entitlement.

The Board has determined that the Veteran's right ankle disorder is not related to service, and thus denied his claim for service connection. The earlier effective date issue remains pending.

The Board has determined that the Veteran's ankle, foot, and Achilles tendon conditions are not related to his service. The evidence does not show any chronicity of these conditions during service or within one year after separation.

The Veteran is granted a TDIU based on extraschedular criteria for the period from July 27, 2003 to October 10, 2004 due to his service-connected disabilities.

The Veteran's claims for service connection are being remanded due to the need for additional development, including a VA examination.

The Veteran's claims for service connection for various conditions, including a skin disorder and hypertension, were denied. Service connection was granted for residuals of a left ankle injury.

The Veteran's claims for increased ratings and secondary service connection were denied. The Board found that the evidence did not support granting any of the requested benefits.

The Veteran's claim for compensation for residuals of a left ankle fracture under the provisions of 38 U.S.C.A. § 1151 was granted, with no specific rating assigned and without an effective date provided.

The Board has determined that the application to reopen the claim of service connection for a bilateral ankle condition is being denied. No rating and no effective date will be assigned.

The Board finds that the 10 percent rating for a left ankle disability adequately reflects the clinically established impairment experienced by the Veteran. The weight of the credible evidence demonstrates that the manifestations of the Veteran's left ankle disability have warranted no more than a 10 percent rating throughout the course of the period on appeal.

The Board has determined that new and material evidence has not been presented to reopen the claim of service connection for left ankle fracture with fusion, as the additional evidence does not relate to an unestablished fact necessary to substantiate the claim.

The Veteran's bilateral hearing loss is not service-connected.,The Veteran's injuries, including fractures and head injury with dementia, are due to his own willful misconduct in driving under the influence of alcohol. As such, these disabilities cannot be service-connected.,The Veteran's chest injury is not service-connected.