Ankle decisions — 2009

The Board has granted service connection for bilateral hearing loss and has reopened the claim of entitlement to service connection for a left ankle disability. The underlying merits of these issues will be addressed on remand.

The Veteran's service-connected neurological residuals of a gun shot wound to the right lower extremity involving the right ankle are currently rated at 20 percent, effective August 23, 2006. The Veteran's service-connected musculoskeletal residuals of a GSW to the right lower extremity involving the right ankle, to include healed fracture distal right fibula, are currently rated at 10 percent, also effective August 23, 2006.

The Board finds that the Veteran's right ankle strain with osteoarthritis is service-connected, while his left ankle disorder is not. The Veteran was granted a 100% disability rating for his right ankle condition.

The Board found no evidence of a current right leg disability in service and denied the Veteran's claim for service connection.

The Board has granted service connection for a right wrist condition and an initial noncompensable rating for right ankle condition status post Achilles tendon repair. The Veteran's hypertension is currently rated as 10 percent disabling.

The Board has determined that the Veteran's service-connected right ankle osteoarthritis warrants an initial evaluation of 20 percent, effective May 30, 2006.

The Board has determined that further development is necessary before the claim on appeal can be adjudicated. The Veteran should be provided with a new VA examination to evaluate his back, bilateral knee and left ankle disorders.

The Veteran's claim for vocational rehabilitation benefits was denied as he failed to report for scheduled VA examinations, and there is no reasonable possibility that the examinations would have aided in substantiating his claim.

The Veteran's appeal is being remanded for additional development and consideration of his claims.

The Board has granted a 30 percent disability rating for the Veteran's service-connected right ankle fracture, reducing the previous 40 percent rating. The maximum allowable under applicable diagnostic codes.

The Board has reopened the Veteran's claim for service connection for a right foot disorder and found that new and material evidence has been received. The left ankle and right hip disorders are not considered to be proximately due to or the result of his service-connected disabilities.

The Board has granted service connection for a right knee strain, finding that the Veteran's current condition is attributable to his active service.

The Board found that the Veteran's hypertension, bilateral foot disability, edema of ankles, knees and hands, and dental condition are not due to or aggravated by his service-connected diabetes mellitus, type II. The claims were denied as secondary service connection is not warranted.

The Veteran's claims for service connection for a right ankle condition and left ankle condition were denied. The Veteran was granted an initial 20 percent disability rating for lumbar strain myositis but not higher. His claim for an increased rating for his right knee status post meniscal repair and anterior cruciate ligament rupture, with residual pain was denied. Service connection for hepatitis C was also denied. He was denied a compensable rating for bilateral tinnitus and for bilateral, moderate, sensorineural hearing loss.,The Veteran's claims for service connection for a left ankle condition and right shoulder disability were denied. The Veteran was granted an initial 10 percent disability rating for status post repair of rotator cuff and labral tear and impingement syndrome of the right shoulder but not higher. His claim for hepatitis C was also denied. He was denied a compensable rating for bilateral tinnitus and for bilateral, moderate, sensorineural hearing loss.

The Board has denied service connection for a right shoulder condition, right knee disorder, and right ankle disorder due to the lack of evidence of current disabilities. The Veteran's claims for hernia condition and hearing loss are pending as additional development is required.,Service records indicate possible onset of an umbilical hernia during service, but further medical examination is needed to confirm this potential relationship.

The Veteran's claims for service connection for right ankle and right foot disabilities are being remanded due to the unavailability of in-service medical records. The RO is instructed to attempt to obtain these records, including any hospitalization reports from Panama and treatment records from a private facility in Minneapolis.

The Board found that the Veteran's claims for earlier effective dates were denied as there was no factually ascertainable increase in disability prior to October 3, 2006.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and development of records.

The Board has reopened the claim of service connection for left ankle disability and finds that new and material evidence has been submitted. However, the Veteran's crepitus is not related to his service.

The Board has granted service connection for a right ankle disorder, diagnosed as varicosities and chronic ligamentous strain, finding that the evidence is in equipoise regarding whether these conditions are related to military service.