Ankle decisions — 2009

The Veteran's service-connected traumatic arthritis, right ankle, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.

The Board found that the Veteran's current right ankle disorder is not related to any injury or disease incurred in service, and thus denied his claim for service connection.

The Board has determined that additional examinations and records are needed to properly adjudicate the appellant's claims for service connection.

The Board has remanded the Veteran's claims for further development, including a medical opinion by a VA orthopedic specialist regarding his service-connected left knee and right hip disabilities. The claims will be adjudicated again once this development is completed.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and development of evidence.

The Veteran's appeal is being remanded for further development, including scheduling a VA examination and considering the possibility of staged ratings.

The Veteran's service-connected scars on his right ankle have been rated as 10 percent disabling since December 2001. The June 2006 rating decision reduced the rating to 0 percent effective May 6, 2006 due to non-tender scars, but this did not affect the monetary award.

The Board denied the Veteran's claims for initial compensable ratings for left ear hearing loss, migraine headaches, a right ankle disability, and a left ankle disability. The appeals were based on direct service connection.

The Board found no current diagnosis of a right ankle disability or carpal tunnel syndrome of the right wrist, and thus denied service connection for these conditions.

The Board has determined that the Veteran's claimed conditions, including right ear hearing loss, tinnitus, PTSD, bilateral pes planus, bilateral heel spurs, and a bilateral ankle disability, are not related to his military service. The Veteran did not exhibit these conditions in service or within one year after discharge, and there is no evidence of their onset during active duty.

The Veteran's appeal is about his current 10 percent rating for a right ankle sprain. The VA Regional Office (RO) has already granted service connection and assigned the initial 10 percent rating effective from the date of claim. The Veteran wants an increased rating, but additional evidence may be needed to support this request.

The Board found no clear and unmistakable error in the February 4, 1957 rating decision that did not assign a separate compensable rating for a left ankle scar.

The Board has remanded the case due to insufficient consideration of lay evidence and new medical records.

The Veteran's claim for an increased rating for residuals of a fractured right fibula, with degenerative joint disease of the right ankle is granted. The claims for service connection for PTSD, malingering, hypertension, GERD, and basal cell cancer of the right cheek are denied. Service connection for arthritis of the right wrist and left wrist is also denied.

The Veteran's right ankle disability is currently rated at 20 percent, but a higher rating of 40 percent is granted effective October 29, 2008 due to fusion surgery. The Veteran's right wrist disability remains at 10 percent. The initial evaluation for the right toe bunionectomy and exostosis removal is also granted.

The Veteran's right ankle disability is rated at 20 percent, which is the maximum schedular rating available. The claim for a higher rating was denied. The issue of reopening his back disorder claim has been addressed and new evidence received since January 2003 does not meet the criteria to reopen the claim. His service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board has determined that additional development is needed to determine the appellant's status as a veteran for his National Guard service and whether he incurred or aggravated his left ankle disorder during qualifying periods of service.

The Board has determined that further development is needed on the claims of service connection for right knee, ankle, and thigh disorders. The Veteran's claims are being remanded to obtain outstanding VA treatment records, clarify the nature of his ankle disorder, and determine if he has a current right thigh disorder related to either service or a service-connected disability.

The Board has denied the Veteran's claims for service connection for various disabilities, including eye condition, right shoulder disability, kidney disorder, left knee disability, right ankle disability, and left ankle disability. The issues were previously adjudicated as final due to lack of new and material evidence.

The Board has determined that the Veteran did not submit new and material evidence to reopen his previously denied claim for service connection for cellulitis of the right foot and ankle.