Ankle decisions — 2009

The Veteran's claims for increased ratings are being remanded due to the need for additional examinations and consideration of his service-connected disabilities.

The Veteran's service-connected conditions have not met the criteria for increased evaluations beyond the currently assigned ratings.

The Veteran's hypertensive ischemic heart disease and degenerative joint disease of the left ankle are currently rated at 10 percent each, but do not meet the criteria for higher ratings based on their current manifestations.

The Board has denied the Veteran's claims for service connection for tinnitus, bilateral knee disorder, left ankle disorder, and PTSD. The claim for service connection for pulmonary tuberculosis was previously denied in 1955 and is not currently being reopened.

The Veteran's right ankle condition is secondary to his service-connected left leg and ankle injury with traumatic arthritis, which resulted in marked interference with employment as a firefighter. The case is being referred for extraschedular consideration.

The Board has determined that the Veteran's service-connected chip fracture of right ankle with lateral instability does not warrant a rating in excess of 10 percent, as his range of motion is within normal limits and he does not meet the criteria for a higher evaluation based on additional functional loss.

The Veteran's service-connected disabilities do not render him unemployable, as his inability to work is due to other factors such as a stroke. The combined rating for his service-connected conditions (50% for bilateral pes cavus with hammertoes and 20% for residuals of a right ankle injury) meets the threshold criteria for a TDIU rating, but the evidence does not show that these disabilities alone are sufficient to render him unemployable.

The Veteran's appeal has been dismissed as she withdrew her appeal for a compensable evaluation for left ankle osteoarthritis, status post posterior malleolus fracture, and distal fibula shaft fracture prior to June 23, 2007.

The Veteran's claims for increased evaluations and service connection were denied. The Board found that the evidence did not meet the criteria for a compensable evaluation for epidermophytosis of the bilateral feet or residuals of cellulitis of the left knee, tinnitus was incurred during active military service, there is no current diagnosis of left foot and ankle disability or bilateral hand disability related to active military service, and new and material evidence has not been submitted to reopen claims for service connection for a left leg disability including scars and Paget's disease.

The Veteran's right ankle sprain and dermatitis, groin were not found to warrant higher disability ratings based on the evidence of record.

The Board denied the Veteran's claims for service connection and increased rating for hyperlipidemia, mild degenerative joint disease of the right shoulder, and Achilles tendonitis with degenerative changes to the right ankle. The appeals were not addressed as they are referred to the RO.

The Veteran's claims for service connection are being remanded due to incomplete medical records from the VA Medical Center in Leavenworth, Kansas. The AMC/RO must obtain these records and review the claims.

The Veteran's IBS and dermatitis of the neck were granted initial compensable ratings, while his claims for knee DJD, left ankle sprain, muscle pain, and insomnia are pending.

The Veteran's claims for service connection for restless leg syndrome and residuals of cold injuries to bilateral lower extremities, as well as his claim for a compensable rating for dermatitis of the lower legs and ankles, were all denied by the RO. The Veteran's skin condition affecting the lower legs and ankles was found to affect less than 5 percent of his body and did not require intermittent systemic therapy such as corticosteroids or other immunosuppressive drugs.

The Board has remanded the case for further development due to missing service treatment records and additional medical evidence.

The Veteran's claim of entitlement to an increased disability rating for his service-connected right ankle disability is being remanded due to procedural defects in the VCAA notice and inadequate review of the claims file during a VA examination.

The Veteran's service-connected disabilities, while disabling, do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's appeal is being remanded for further development due to the inadequacy of a previous VA examination and opinion.

The Board has determined that the Veteran's claims for service connection have not been reopened due to lack of new and material evidence. The issues regarding carpal tunnel syndrome, gastrointestinal disability, deviated nasal septum, sinusitis, and other conditions are also denied.

The Veteran's left knee condition was found to have existed pre-service and aggravated by service, warranting service connection.,A 10% rating is granted for the Veteran's left ankle disability due to marked limitation of motion.