Ankle decisions — 2009

The Veteran's lumbar spine disability is rated at 20 percent, effective August 14, 2003. The initial ratings for left ankle sprain and right ankle sprain are both 10 percent, effective August 14, 2003. The initial rating for left knee arthritis remains at 10 percent, effective August 14, 2003.

The Veteran's claims for service connection for throat cancer, right knee arthritis, and right ankle disability were denied. The claim for left wrist disorder was remanded.

The Veteran's claims for service connection for a skin condition and left ankle disability have been denied as the preponderance of evidence does not support a finding that these conditions are related to active service.

The Veteran's appeals for higher initial ratings for her right knee and left ankle disabilities have been dismissed due to her withdrawal of the appeal.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the extent of any current disabilities and whether they are related to service.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence of current bilateral sensorineural hearing loss, a chronic right shoulder disability, or an increase in the evaluation for his right ankle fracture with osteoarthritis.

The Veteran seeks service connection for a right ankle disability. The Board has determined that an examination is needed to determine the nature and etiology of any current right ankle disability, as it relates to service.

The Veteran's service-connected disabilities do not meet the criteria for a total disability rating based on individual unemployability due to his service-connected conditions.

The Board denied the Veteran's claims of service connection for bilateral flat feet and ankle problems, finding that there was no evidence of a chronic disability during service or continuity of symptomatology since service. The new evidence submitted did not relate to these issues.

The Board has determined that the Veteran's current right ankle disability, including arthritis and surgical fusion, is related to his service injury during active duty in 1952.

The Veteran's left knee arthrotomy has not manifested by locking, ankylosis, recurrent subluxation, lateral instability, impairment of the tibia and fibula or genu recurvatum; flexion of the left knee has been limited to 90 degrees and extension has always been to zero degrees.,The Veteran's right knee meniscectomy has not manifested by locking, ankylosis, recurrent subluxation, lateral instability, impairment of the tibia and fibula or genu recurvatum; flexion of the right knee has been limited to 50 degrees and extension has always been to zero degrees.,The Veteran's left ankle disability has not manifested by ankylosis, malunion of the os calcis or astragulus, astragalectomy or marked limitation of motion.,The Veteran's left thumb disability has never manifested by ankylosis or inability to oppose the thumb.,The Veteran's tinea versicolor does not affect the head, face or neck or involve scarring; it has manifested by hyperpigmented lesions that do not affect at least 20 percent of the entire body or exposed areas, and has never required systemic therapy.

The Board denied the Veteran's claims for service connection for various conditions, including hypertension, bilateral foot disorder, fatigue, joint pain of elbows and wrist, low back disorder, skin rash, bilateral ankle condition, left knee disorder, and right knee disorder. The decision found that there was no evidence to support these claims.

The Veteran's service records do not show any scars of the right buttock, inner left arm, left knee, or left ankle. The Board finds no current disability to support a grant of service connection.

The Veteran's claims for service connection for bilateral hearing loss and tinnitus were denied. The Board found no evidence of these conditions during his period of active military service or within the one-year presumptive period after separation. For the right shoulder, ankle, hip, and knee conditions, there is insufficient evidence to establish a nexus between these conditions and his service-connected right knee condition.

The Veteran's service-connected disabilities do not prevent him from obtaining and retaining employment consistent with his abilities, aptitudes, and interests; he does not have an employment handicap.

The Veteran's service-connected right ankle sprain is currently rated at 20 percent, the maximum schedular evaluation for limited motion of the ankle. The appeal has been granted.

The Veteran's service-connected disabilities, including right wrist fusion and periostitis of the right foot and ankle, do not render him unemployable due to their severity.

The Board denied service connection for a bilateral ankle disability to include a bilateral heel disability, as there was no evidence of such condition during or after service. The claims for reopening the claims of service connection for hearing loss and right hand disability were also denied due to lack of new and material evidence. Service connection for knee disabilities was reopened but not granted. Diabetes mellitus did not require regulation of activities.

The Veteran's appeal is being remanded to the RO in Atlanta, Georgia, for an appropriate hearing and further development.

The Veteran's bilateral hearing loss disability is granted as incurred during service. Service connection for joint pain, to include as due to an undiagnosed illness, is denied.