Ankle decisions — 2009

The Board has denied the Veteran's claim for an effective date prior to September 22, 2004, for service connection of a left ankle disability. The effective date is set at September 22, 2004.

The Board has determined that service connection is granted for residuals of umbilical hernia repair, as the Veteran had a pre-existing condition at entry into service and there is no clear and unmistakable evidence to rebut this presumption. The other two issues regarding right ankle and knee injuries are denied.

The Board denied the Veteran's claims for service connection for hypertension, a right ankle disability, rhinitis, left inguinal hernia, and epigastric hernia. The evidence did not establish that these conditions were incurred or aggravated by military service.

The Board denied service connection for the appellant's claimed disabilities, finding that there was no evidence of current disability or a link to service.

The Veteran's claim for an evaluation in excess of 30 percent for bilateral pes planus with ankle instability is denied as his condition does not meet the criteria for a higher rating.

The Board has determined that the Veteran's claimed conditions of arthritis of the right arm, wrist, ankle, and back injury residuals are not service-connected as they did not develop or permanently increase in severity during any period of service.

The Board found that the Veteran's claimed psychiatric disorder, including a personality disorder, is not related to his active service. The right ankle sprain was also not shown to be related to service.

The Veteran's left ankle musculoligamentous strain is likely related to his military service, and the Board finds that he has a chronic left ankle disability. The Veteran also has residuals of cold injury of the hands and fingers, but further examination is needed to determine if these are related to his military service.

The Veteran's claims for service connection for residuals of burn to left hand and residuals of right ankle sprain are being remanded due to the need for additional medical opinions regarding the etiology of these conditions.

The Board has determined that the Veteran did not sustain a left ankle injury during service and therefore cannot establish service connection for residuals of such an injury. The claim for temporary total disability rating due to convalescence is also denied.

The VA has granted a 20 percent disability rating for the appellant's service-connected right ankle fracture, effective August 14, 2008.

The Board found no evidence of a nexus between the Veteran's current left knee and ankle disorders and his service, and determined that his service-connected right knee disability did not cause or aggravate either disorder.

The Veteran's claims for service connection for residuals of shin splints, cervical spine disorder, and right ankle strain with instability and subchondral injury were denied. The claim for low back disability was also denied as the evidence did not meet the criteria for an initial rating in excess of 10 percent prior to February 22, 1999; a rating in excess of 20 percent from February 22, 1999, to January 28, 2003; or a rating in excess of 40 percent as of January 29, 2003. The claim for scar status post excision of pilonidal cyst was also denied.

The Board denied the Veteran's claims for service connection for PTSD and traumatic arthritis of the right ankle, finding that new and material evidence had not been received to reopen the latter claim. The rating decisions denying these claims are final.

The Board has remanded the case for additional development due to recent relevant treatment records not being associated with the claims file.

The Veteran's claim for increased ratings for his right ankle disability was denied. For the period prior to December 15, 2004, he was not entitled to a rating in excess of 20 percent. Since that date, he is not entitled to a rating in excess of 30 percent.

The Veteran's claims for service connection and increased ratings were denied. The appeal is not about service connection at all.

The Veteran's claim for an earlier effective date for service connection of residuals of a right ankle injury has been granted. The Board also addressed the evaluation of his disability and found that it should be assigned based on the merits.

The Veteran's chronic right ankle sprain has been manifested by no more than moderate limitation of motion, and a rating in excess of 10 percent is not warranted.

The Veteran's right ankle disability was evaluated at 30 percent effective April 6, 2006. The Board found that the current evaluation does not meet or approximate criteria for a higher rating during the periods when she did not receive a temporary total evaluation.