Ankle decisions — 2009

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance has been granted due to his service-connected disabilities that make him unable to care for himself or protect himself from daily hazards.

The Board found that the Veteran's heart disability and left ankle disability were not incurred in active service.

The Board denied service connection for osteoarthritis of the left ankle, degenerative joint disease of the left shoulder, and status post rotator cuff repair of the right shoulder with degenerative joint disease. The Veteran's claims were not supported by medical evidence linking his current conditions to his military service.

The Board has ordered a remand to gather missing service records and determine the nature of any diagnosed disabilities, including whether they are related to undiagnosed illness.

The Board denied the Veteran's claims for service connection for various conditions, including malaria, left wrist disability, fungal infection, and a snake bite. The issues of reopening these claims were addressed, but no new evidence was submitted to reopen them.

The Veteran's claims for a bilateral ankle disability and skin disorder were denied as there is no evidence of current disabilities or service connection.

The Veteran withdrew his appeal concerning the claim for service connection for hearing loss prior to a decision being made by the Board.

The Veteran's claims for increased ratings and service connection were denied. The cervical spine disability was rated as 10 percent, the right ankle disability was rated as 20 percent effective May 23, 2008, and the flat feet claim was not reopened.

The Board found that the Veteran's current left ankle disorders, including arthritis, were not incurred in or aggravated by service. The claim was denied as there is no evidence of an in-service injury and the first post-service diagnosis occurred over 50 years after discharge.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for a right ankle disability. The Veteran's current right ankle disability is more likely than not related to an in-service injury, specifically the 1989 ankle sprain.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a new orthopedic examination to assess the severity of his service-connected ankle disabilities.

The Veteran's GERD and erosive gastritis are rated at 10 percent, while his right knee and left knee retropatellar pain syndromes are each rated at 10 percent. The Veteran does not have a compensable rating for his right ankle sprain or right elbow olecranon bursitis.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's current right ankle disability is related to service. The Veteran will need a VA examination to clarify this issue.

The Board has determined that the Veteran does not have any of the claimed disabilities as a result of service or secondary to a service-connected disability, and therefore, denied all claims for service connection.

The Veteran's claims for increased evaluations of his bilateral knee disabilities were denied by the RO. The left knee arthritis is rated at 10 percent, right knee laxity at 20 percent, and right knee arthritis at 10 percent.

The Veteran's death was not service-connected, and the appellant is not entitled to DIC benefits under 38 U.S.C.A. § 1318 as he did not meet the durational requirements for a total disability rating.

The Board found that the Veteran's current left ankle disorder was less likely as not caused by or the result of a broken left ankle in service, and concluded that arthritis is more likely due to metabolic or endocrine origin rather than an injury sustained during military service.

The VA determined that the Veteran's left ankle disability, which includes a fracture with internal fixation, does not warrant an increased rating beyond the current 10 percent.

The Board has remanded the case to allow the Veteran to present testimony at a video conference hearing before the Board.

The Veteran's appeal was denied for service connection of various conditions, including bilateral hearing loss, right shoulder disability, left ankle disorder, and residuals of Achilles tendon repair. The Veteran did not receive a compensable rating for these conditions.