Ankle decisions — 2009

The Board has determined that the Veteran's right ankle and back disabilities are related to service, granting service connection for both conditions.

The Veteran's right ankle disability is currently rated as 20% disabling. The Board denied a higher rating, but the claim remains open for further evidence.,New and material evidence has not been received to reopen claims of service connection for chronic respiratory conditions (asbestosis and asthma) or degenerative arthritis of all joints. The Veteran's PTSD claim was reopened.

The Board denied the veteran's claims for increased schedular ratings for his service-connected left ankle disability and bilateral foot disability, as well as his claim for a total disability rating based on individual unemployability due to service-connected disabilities. The Board also remanded other issues related to these claims.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities was granted effective January 18, 2005.

The Veteran's claims for increased ratings and an earlier effective date were denied. The Board found that the evidence did not support a compensable rating prior to March 18, 2004, for his right ankle injury.

The Board denied the Veteran's claims for service connection for headaches, a bilateral eye disability, hypertension, and residuals of dental trauma. The claim for an initial compensable rating for GERD was granted with a noncompensable evaluation effective June 16, 2006. The claim for an initial compensable rating for chronic left ankle sprain was granted with a noncompensable evaluation effective June 16, 2006. The claim for an increased rating for chronic right ankle sprain was denied.

The Veteran's appeal is being remanded for additional development, including VA examinations and consideration of the issues on appeal.

The Veteran's claim for an earlier effective date for the award of service connection for recurrent instability of the right ankle is denied as the earliest possible effective date is August 31, 2004.

The Board found that new and material evidence had not been received to reopen the claim of service connection for a right ankle disability, thus denying the reopening of the claim.

The Board has granted service connection for right ankle strain and right shoulder impingement with supraspinatus tendinitis, finding that the current conditions are likely as not due to injuries sustained during active military service. Service connection was denied for CMT disease.

The Board has determined that the Veteran does not have a current disability for service connection purposes related to right ear hearing loss. The initial ratings assigned for retained shrapnel, right thigh; Achilles tendonitis, right ankle; retropatellar pain syndrome, left knee; and residuals of choroidal rupture, left eye were denied.

The Board has denied the Veteran's claims for increased rating for a left ankle disorder and service connection for a right ankle disorder. The case is being remanded to obtain additional medical evidence and ensure compliance with VA's duty to assist.

The Board found no current right ankle disability and concluded that the appellant's subjective complaints of pain do not constitute a diagnosed condition. Therefore, service connection for a right ankle disability was denied.

The Veteran's claim for a right ankle disability was denied as there was no evidence of current residuals from an in-service injury. The new evidence received does not establish the presence of a current right ankle disability.,The Veteran's claims for left ankle disability and allergic rhinitis and conjunctivitis were reopened due to receipt of new evidence, which raised a reasonable possibility of substantiating these claims.

The Board has granted service connection for left and right ankle degenerative joint diseases, finding that the current disabilities are due to a history of repeated injuries during active service.,Service connection was also granted for residuals of a nasal injury (presumed broken nose), with the Board considering new evidence submitted by the Veteran.

The Board denied service connection for residuals, puncture wound of the right foot, left ankle sprain, and right knee disorder as there is no current evidence of these conditions.

The Veteran's right ankle disability does not result in X-ray evidence of involvement of 2 or more major joints or 2 or more minor joint groups, with occasional incapacitating episodes; it does not result in marked limitation of motion. Therefore, the criteria for an evaluation in excess of 10 percent disabling for arthritis for the right ankle have not been met.

The Board has determined that the Veteran's avascular necrosis of the left ankle is proximately due to his service-connected Crohn's disease, and thus grants service connection for this condition.

The Board has determined that the Veteran does not have a current disability related to service for sinusitis, right ankle disability, or left ankle disability and therefore denied her claims.

The Veteran's appeal for a compensable evaluation under 38 C.F.R. § 3.324 is denied as he currently has a compensable disability rating for PTSD, and the other service-connected disabilities are non-compensable.