Ankle decisions — 2009

The Veteran's service-connected disabilities do not meet the criteria for a TDIU rating, as they are insufficient to render him unemployable.

The Veteran withdrew their appeal regarding the reopening of a claim for service connection for a bilateral ankle disability.

The Board denied the Veteran's claims for service connection for headaches, cervical spine disability, thoracic spine disability, left ankle disability, bilateral pes planus with plantar fasciitis, and gastritis. The Board found that the preponderance of the evidence did not support these claims.

The Board has determined that the Veteran's left knee and left ankle disabilities were not incurred or aggravated during his active service. The pre-existing conditions are considered to have existed prior to service, and there is no evidence of a new injury or aggravation in service.

The Board found no evidence of current left ankle, left knee, or cognitive disabilities and denied the Veteran's service connection claims.

The Board found no evidence of a chronic right ankle disorder during service and no current disability related to the claimed condition. The Veteran's reported continuity of symptoms since service was not credible given the long gap between discharge and first symptomatology.

The Board denied the Veteran's claims for service connection for a left ankle disability and a right knee disability, finding that there was no evidence of such disabilities during service or related to any service-connected conditions.

The Board has determined that the Veteran's right hip, leg, knee, ankle disabilities are service-connected and assigned a 10 percent disability rating for his service-connected right wrist fracture.

The Veteran's left foot disorder is currently rated at 20 percent, effective March 27, 2008. The right ankle sprain with residual ligament pain has a separate noncompensable rating and an effective date of June 5, 2003.

The Veteran's claims for increased evaluations were denied. The RO granted a temporary total evaluation beyond June 30, 2004 due to surgery related to his left ankle disability but did not grant the requested increases in ratings.

The Board denied the Veteran's claims for service connection for torn ligaments in the left ankle and vascular headaches, as well as his claim to reopen a previously denied claim of service connection for type II diabetes mellitus. The Board found no evidence linking these conditions to his active duty service.

The Veteran seeks service connection for a pre-existing right ankle disorder that he argues was aggravated during his military service. The Board has ordered the RO to obtain SSA disability records and associated them with the claims folder before proceeding.

The Veteran's service connection claim for degenerative joint disease of the cervical spine was denied, while his right ankle disability received a higher rating.

The Board found that the Veteran's low back disability, residuals of a crush injury (including broken left leg and left ankle), bilateral hearing loss, and tinnitus were not incurred in or related to his active service.

The Veteran's claims for increased ratings were denied as his symptoms did not meet the criteria for higher disability ratings under applicable VA rating codes. The Board found that he did not have moderate ankle disability, marked limitation of motion, or ankylosis of the right ankle.

The Board has remanded the Veteran's claims for service connection for hearing loss and tinnitus due to unresolved issues regarding his periods of active duty. The claim for a higher rating for left ankle disability remains unchanged.

The Veteran's claim for service connection for a right ankle disability was denied because there was no clinical evidence of a right ankle disability. The Board has ordered additional development to obtain the Veteran's VA treatment records and schedule him for an examination.

The Veteran's appeal is being remanded due to the need for a new hearing before a Veterans Law Judge at her local RO.

The Board denied service connection for right ankle strain and right knee disability, but granted a 50% rating for posttraumatic stress disorder.

The Board has reopened the Veteran's claim for service connection for bilateral ankle sprains and remanded it for further development.