Ankle decisions — 2009

The Veteran's appeal is being remanded for additional development, including obtaining his vocational rehabilitation folder and relevant treatment records. The AOJ will then readjudicate the claim based on the new evidence.

The Board found that the reduction of the evaluation for hypertension from 20 percent to 10 percent was proper. The veteran's claims for service connection for a skin disorder, left ankle disorder, and an acquired psychiatric disorder were denied as there is no evidence of current diagnoses or in-service incurrence.

The Board has determined that the Veteran's service-connected disabilities do not combine to preclude substantially gainful employment, and therefore denied all increased rating claims.

The Veteran's appeal is denied as there is no diagnosed left ankle disability separate and apart from his service-connected residuals of a fractured left tibia.

The Board has determined that the Veteran's service-connected migraine headaches are currently rated at 30 percent disabling. The rating for bilateral pes planus is increased to 10 percent effective from August 2001. Ratings of 10 percent have been continued for right and left ankle sprain.

The Board has determined that the Veteran's claims for service connection for a back disability, right ankle disability, and headaches require additional development due to the need for medical examinations.

The Board has granted service connection for Meniere's disease with a 30 percent rating, effective from January 25, 2005. The right knee patellofemoral syndrome and thoracolumbar strain have been granted service connection as well, both effective from January 25, 2008.

The Board found that the Veteran's chronic right ankle sprain is not related to service and denied his claim for service connection.

The Board finds that the Veteran was not unemployable due to her service-connected disabilities prior to October 23, 2002 and therefore denies an earlier effective date for TDIU.

The Board denied the Veteran's claims for service connection due to lack of evidence linking his current conditions to his time in service.

The Veteran was granted a 20 percent rating for lumbar degenerative changes with low back strain effective April 8, 2007.,A 10 percent rating has been assigned for right ankle arthrosis since May 18, 2004.,Sinusitis is rated at 10 percent since May 18, 2004.

The Board has determined that the Veteran's tinnitus is related to in-service acoustic trauma and granted service connection for this condition. The initial compensable rating claim for the left ankle disability remains pending.

The Veteran's claims for service connection for a left ankle condition and low back condition, both secondary to his service-connected knee injury with chondromalacia, were denied by the RO.

The Veteran's right ankle disability and alopecia areata were found to be related to his service. The left ankle disability was granted a non-compensable rating, which the Veteran can appeal for an increased rating.

The Board has determined that the Veteran's claimed conditions are not related to her service, and thus denied all of her claims.

The Veteran's left ankle disability is rated at 40 percent, the highest possible under DC 5262, due to requiring a brace and having instability.

The Veteran's service-connected disabilities prevent him from successfully achieving his chosen vocational goal of obtaining a Master's degree in teaching, and it is not reasonably feasible for him to do so.

The Board found that there is clear and unmistakable evidence that the Veteran's left ankle disorder pre-existed service and was not aggravated by service. Therefore, the claim for service connection for a left ankle disorder has been denied.

The Veteran's appeal for service connection for a right leg disability, right ankle disability, and left hand disability has been dismissed due to the Veteran withdrawing his appeal concerning the issues of entitlement to service connection for a right ankle disability and a left hand disability.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions and evidence regarding his service connection claims and the deep vein thrombosis claim.