Ankle decisions — 2009

The Board denied service connection for the veteran's claimed bilateral pes planus, left ankle disability, right leg disability (knee, thigh and hamstring), low back disability, right thumb disability, and right elbow disability as there was no evidence of a current diagnosis or that these conditions were incurred in or aggravated by active service.

The Board denied the Veteran's claim for an earlier effective date and granted a 50% rating for PTSD, effective from November 2, 2006.

The Veteran's service-connected right ankle disorder is manifested by no more than moderate limitation in dorsiflexion motion, and a rating in excess of 10 percent is not warranted.

The Board denied service connection for transverse myelitis and a right ankle disability, finding that neither condition was incurred in or aggravated by service.

The Veteran withdrew his appeal for the issues of entitlement to an initial disability rating in excess of 40 percent as of October 28, 2008, for a low back disability with mechanical and segmental dysfunction, spondylolisthesis, sacroiliac joint dysfunction, and degenerative changes; entitlement to an initial disability rating in excess of 20 percent for tremors of the right hand associated with diabetes mellitus; entitlement to an initial disability rating in excess of 20 percent for tremors of the left hand associated with diabetes mellitus; entitlement to a disability rating in excess of 20 percent for diabetes mellitus with hypertension, nephropathy, and impotence; and entitlement to an initial rating in excess of 10 percent for right ankle strain (recurrent sprains) on the basis of CUE in a January 3, 2002, RO decision.

The Board denied service connection for bilateral pes planus and denied initial disability ratings in excess of 10 percent for degenerative arthritis of L5, S1 with mild retrolisthesis, as well as noncompensable ratings for shin splints of the right and left legs, residuals of a left ankle fracture, and bilateral plantar fasciitis.

The Board remands the claims for service connection for multiple joint conditions to schedule an appropriate examination.

The Board denied the Veteran's claims for service connection for tinnitus, a bilateral hip disability, a right ankle disability, and a lumbar spine disability.

The Board denied service connection for a left ankle disorder as the preponderance of evidence was against finding that the Veteran's current left ankle disorder had its onset in or is related to his active service.

The appeal for service connection for left ankle disability and spastic bladder is remanded for further development, including the possibility of a VA examination.

The appeal is remanded to obtain additional VA treatment records and conduct a new examination.

The Veteran was granted a 30 percent rating for his left ankle injury, effective March 20, 2007.

The Veteran's right ankle disability has resulted in marked limitation of motion, warranting a 20 percent rating. New and material evidence was not received to reopen the claim for service connection for a low back disorder.

The appeal is remanded for further development, including obtaining the Veteran's service treatment records and VA treatment records, as well as scheduling a VA examination to assess the etiology of any current left ankle disability.

The Board denied the Veteran's claim for service connection for bilateral ankle disability as there was no evidence of an ankle injury during service or a chronic disability resulting from such an injury, and the first documented evidence of ankle problems was over six years after service.

The Board denied service connection for a left ankle disability and left lower leg disability as there was no evidence of a current disability related to service.

The Veteran was granted a 20 percent initial disability rating for degenerative arthritis of the left ankle and carpel tunnel syndrome of the left wrist, resolving all reasonable doubt in favor of the Veteran.

The Board finds that there is at least an approximate balance of positive and negative evidence regarding the question of whether the Veteran's service-connected traumatic arthritis, right ankle, status post surgery, was a contributory cause of the Veteran's death. Accordingly, service connection for the cause of the Veteran's death is warranted.

The Veteran was granted service connection for a right ankle disability and the orthopedic manifestations of her low back disability were rated at 10 percent, but no higher. The neurological manifestations of the low back disability were also rated at 10 percent.

The Board denied service connection for left elbow, right ankle, and left knee disorders as well as an increased rating for migraine headaches. Service connection was not granted due to the lack of evidence linking these conditions to military service.