Ankle decisions — 2009

The Board has remanded the case for further development, including an examination to determine if the Veteran's in-service ankle sprain caused or aggravated his current hypertrophic scarring anterior talofibular ligament condition.

The Veteran's claims for service connection and increased ratings for his right ankle disability, bilateral knee osteoarthritis, and symptomatic removal of semilunar cartilage were denied. The Veteran was granted a separate 10 percent rating for the symptomatic removal of semilunar cartilage of the right knee.

The Veteran's claim for service connection for residuals of swollen joints, asserted as arthritis of the right ankle, bilateral elbows, and bilateral wrists is being remanded for further examination to determine if he has these conditions and whether they are related to his military service.

The Board has determined that the Veteran's left ankle disability is etiologically related to service and grants service connection for this condition.

The Veteran's claims for earlier effective dates of service connection for psoriatic arthritis in his shoulders, wrists, and ankles have been denied as there is no evidence showing the disabilities arose prior to the assigned effective dates.

The Veteran's claim for service connection for a bilateral ankle disability was denied as there is no evidence of current disability or in-service injury.

The Board has determined that the Veteran does not have any of the claimed conditions related to his active service. The claims for sinusitis, nervous condition with tremors, rheumatoid arthritis, diabetes mellitus, neck injury, right ankle injury, left knee injury, and numbness of the head are all denied.

The Board denied an increased rating for the Veteran's right ankle disability and denied service connection for a back disability secondary to his right ankle disability. The evidence did not support granting either claim.

The Board has determined that the Veteran's low back and bilateral ankle disabilities are related to service, meeting the criteria for direct service connection.

The Board found no evidence of a current disability related to the Veteran's right ankle and knee, or bilateral hearing loss. The claims are therefore denied.

The Veteran's PTSD and right ankle scar are both rated at their maximum allowable levels. The Board has determined that the Veteran does not have a neck disability, left ankle disability, hearing loss, or tinnitus due to service.

The Veteran's claims for right and left ankle disabilities, as well as a skin disability (seborrheic dermatitis) are denied. The Board found no current conditions related to service or the Agent Orange exposure presumption.

The Board has determined that the Veteran's current left ankle disorder, diagnosed as left ankle osteoarthritis and status post excision of partial bone of the distal tibia and talus, is related to his active military service.

The Board has determined that the Veteran's current left ankle disorder is a continuation and progression of an injury sustained during service, and therefore grants service connection for this condition.

The Veteran's appeal was granted, and he is now service-connected for the conditions listed. He also received compensable disability ratings for his shell fragment scars of the feet and residual burn scarring of the right inner ankle. However, he did not receive a rating in excess of 20 percent for residuals of a shrapnel wound to the right medial foot and calf.

The Board has determined that the Veteran's right ankle disorder is related to an injury sustained during military service, and thus service connection for this condition is granted.

The Board denied service connection for a left ankle sprain and hemorrhoids, as well as an initial evaluation in excess of 10 percent for varicose vein stripping and an initial compensable evaluation for labyrinthitis. The decisions were consistent with VA law and regulations at the time.

The Board denied the Veteran's claim for service connection for a left ankle disability, finding that new and material evidence had not been submitted. The decision also noted that the Veteran did not have a pre-existing left ankle condition prior to his period of active service.

The Board denied the Veteran's claims for increased ratings and did not address service connection issues, as those were remanded.

The Veteran's right ankle arthritis is currently rated at the highest schedular evaluation, and no higher. The VA has not found any new evidence of ankylosis or other significant impairment warranting a higher rating.