Ankle decisions — 2009

The Veteran's claims for increased evaluations of his right ankle strain, left ankle strain, right shoulder impingement syndrome, and lumbosacral strain prior to March 27, 2008 were denied as the evidence did not meet the criteria for a compensable evaluation.

The Board has determined that the Veteran's claimed conditions are not service-connected due to clear and unmistakable evidence showing they existed prior to his entry into active service.

The Veteran's left ankle disability does not meet the criteria for a higher rating as there is no evidence of ankylosis or actual loss of use of the foot. The preponderance of the evidence is against his claim.

The Veteran's initial rating for his left ankle disability was granted at a 20 percent level effective August 28, 2005. The current appeal is about the appropriate initial rating.

The Board has determined that new and material evidence was not presented to reopen the Veteran's claims for hepatitis residuals and a left ankle disability, as there is no significant new or relevant evidence in the record.

The Veteran's PTSD, cervical spondylosis, left shoulder pain, right ankle arthritis, and left ankle arthritis have been granted service connection. The Veteran did not engage in combat during active military service.

The Veteran's claim for service connection for residuals of a left ankle fracture was denied as there is no legal basis to grant an earlier effective date than the date his claim was received.

The Board has determined that the Veteran's service-connected right ankle disability warrants a 30 percent rating from October 31, 2004 to October 31, 2005 due to ankylosis in dorsiflexion limited to between 0 and 10 degrees.

The Veteran's appeal is being remanded to comply with the Court's June 2004 decision, which found that VA had failed to provide proper notice. Additional development is needed for compliance with VA's duty to assist and notify.

The Veteran's appeal has been dismissed as he withdrew his hearing request and appeal.

The Veteran's claims for increased ratings and effective dates were denied. The claim to reopen a previously-denied service connection for fallen arches was also denied, as was the claim regarding CUE in the January 1997 rating decision.

The Board has determined that the Veteran does not meet the criteria for service connection for any of the conditions listed in his claims. The VA made all reasonable efforts to assist him, but he failed to report for scheduled examinations and missed a hearing.

The Board denied service connection for osteoarthritis of the right hip, knee, and ankle. The Veteran's pre-existing right hip disorder was not aggravated by his military service.

Service connection has been granted for post-traumatic degenerative arthritis of the right ankle and lumbar spine chronic muscular strain. The Veteran is seeking higher ratings and an earlier effective date for these conditions.

The Board has determined that the Veteran's low back disorder is service-connected, resolving doubt in her favor.

The Veteran's appeal is being remanded due to the need for additional records from the Social Security Administration and clarification of his desire for a Travel Board hearing.

The Board denied the Veteran's claim for service connection for residuals of a left ankle sprain, finding that there are no current residuals and arthritis was not present to a disabling degree within one year post-service.

The Veteran's appeal is being remanded due to scheduling issues for a hearing before the Board of Veterans' Appeals.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, scheduling examinations, and readjudicating the claims.