Ankle decisions — 2009

The Board has determined that there is no competent medical evidence of right and left ankle arthritis that is causally or etiologically related to service or a service-connected disorder. Therefore, the Veteran's claims for service connection for arthritis of the right and left ankles have been denied.

The Board has remanded the case to obtain additional medical evidence and schedule a VA examination for the Veteran's service-connected right ankle fracture.

The Board has determined that the Veteran's claimed disabilities, including residuals of a left ankle injury with arthritis and arthritis of multiple joints, were not incurred in or aggravated by active military service. The evidence does not support a finding of a nexus between these conditions and his service.

The Board has determined that the Veteran's current lower extremity disabilities, including bilateral ankle instability, right foot plantar faciitis, degenerative disc disease with spondylosis of the lumbar spine, bilateral hip arthritis, and bilateral knee arthritis, are not related to his active military service.

The Veteran's claims for service connection for bilateral pes planus, left ankle disability, degenerative joint disease of the right knee, and degenerative joint disease of the left knee have all been granted.

The Board found no chronic bilateral ankle disorder in service and concluded that the current diagnosis is not related to active duty service. The appeal was denied.

The Veteran's service-connected disabilities do not meet the requisite schedular percentages for TDIU, and there is no evidence that he is unemployable due to his service-connected disabilities.

The Board found no current right ankle disability related to service, including the July 1980 parachuting accident. The Veteran's claim for service connection is denied.

The Veteran was not found to be unemployable due solely to his service-connected disabilities prior to December 28, 2007. However, on and after that date, his service-connected disabilities rendered him unemployable.

The Veteran's claims for increased ratings for right ankle, left ankle, and left elbow disabilities have been denied as the evidence does not support a higher rating based on current symptoms.

The Veteran is granted special monthly pension at the housebound rate due to his age and multiple nonservice-connected disabilities, with a combined rating of 80 percent.

The Veteran's service-connected post-operative residuals of a left ankle injury have been rated at 0 percent since the grant of service connection. The VA examiner found no evidence of increased functional loss after repetitive motion, and the Veteran's range of motion was within normal limits.

The Board has determined that the Veteran's right ankle disability rating was reduced from 30 percent to 20 percent, and this decision is granted.

The Veteran's appeal is being remanded due to the need for a videoconference hearing before a Veterans Law Judge (VLJ). The issues of service connection for various conditions are pending.

The Board has denied the Veteran's claims of service connection for sinusitis, bilateral knee disability, and left ankle disability as new and material evidence was not received to reopen these claims. The claim of service connection for bilateral hearing loss is reopened but service connection is not granted.

The Veteran's left leg disabilities, including osteopenia and ankle degenerative joint disease, were not caused or aggravated by VA treatment for a 2000 leg fracture. The Board found no evidence of negligence or fault on the part of VA.

The Veteran's appeal is being remanded due to procedural deficiencies, specifically the failure to provide proper notice for a scheduled hearing. The case will be returned to the RO for scheduling another videoconference hearing.

The Board denied the Veteran's claims for service connection for a bilateral ankle disability and an initial evaluation in excess of 30 percent for post-traumatic stress disorder.

The Board has remanded the case for additional development, including obtaining medical records and scheduling examinations to determine the current severity of the Veteran's service-connected conditions. The issues on appeal include service connection for sleep apnea and initial ratings for GERD, hypothyroidism, and left ankle arthritis.

PTSD rated at 30 percent prior to January 13, 2009 and increased to 50 percent effective January 13, 2009.,Left ankle injury with arthritis rated at 10 percent prior to January 13, 2009 and increased to 20 percent effective January 13, 2009.,Right knee injury rated at 10 percent prior to July 28, 2006 and increased to 30 percent from July 28, 2006 to January 13, 2009. Since then, the rating is 20 percent.,PTSD granted effective August 9, 2005; left ankle injury with arthritis rated at 10 percent prior to July 28, 2006 and increased to 20 percent from July 28, 2006 to January 13, 2009. Right knee injury rated at 10 percent prior to July 28, 2006 and increased to 30 percent from July 28, 2006 to January 13, 2009.