Ankle decisions — 2009

The Board denied service connection for a right ankle disability, granted service connection for a left ankle strain as secondary to the Veteran's service-connected left bunion deformity, and denied service connection for a low back disability. The initial rating for left bunion deformity was also denied.

The Board has reopened the claim for service connection for a left knee disorder and granted compensation under 38 U.S.C. § 1151 for a back disability resulting from an October 2002 MRI, but denied increased ratings for the right ankle disorder and service connection for bilateral hip disabilities.

The Board granted service connection for arthritis of the right and left knees and ankles, finding that these conditions had their onset during the Veteran's active service.

The Board remands the case for a new compensation and pension examination to reassess the Veteran's service-connected residuals of left ankle fracture with arthritis post operative and subluxing right patella.

The Veteran's right ankle disability is productive of marked impairment, and a higher rating in excess of 20 percent is not warranted.

The Board finds that the preponderance of the evidence is against the Veteran's claims for service connection for bilateral hearing loss, tinnitus, and residuals of a right ankle sprain.

The Veteran's bilateral pes planus was aggravated during service, and the Board grants service connection for this condition. The claims for secondary service connection for a bilateral hip, ankle, and low back disability are remanded for further development.

The Board determined that the reduction of the Veteran's right ankle disability rating from 20 percent to 10 percent was warranted, and that service connection for a right fibular fracture should be severed.

The appeal is remanded to the RO for further development of evidence regarding secondary service connection claims.

The Board remanded the case for additional development to determine if any current arthritis or degenerative joint disease of the shoulders, elbows, hands, knees, or ankles is due to service-connected low back strain.

The appeal is remanded for the Veteran to be scheduled for an in-person hearing before a Veterans Law Judge at the Portland, Oregon RO.

The Veteran's claim for service connection for a left hip and leg disability was reopened, but ultimately denied. The claims for service connection for tailbone, waist, and left ankle disabilities were also denied.

The Board denied the appellant's claim for an earlier effective date for a TDIU rating, finding that the evidence did not show unemployability due to service-connected disabilities prior to November 20, 2006.

The Board granted service connection for a low back disability, but denied service connection for right and left ankle, hip, and knee disabilities, as well as a fungal infection of the ears. The claim for an increased rating for bilateral hearing loss was also denied.

The Veteran's gout disability was granted a rating of 60 percent, effective May 13, 2008, due to severe exacerbations occurring multiple times over a prolonged period.

The Board denied service connection for PTSD, right ankle disability to include Achilles tendonitis, right shoulder disability, and left shoulder disability as there was no competent medical evidence of current disabilities or sufficient evidence to support a finding that the pre-existing conditions were aggravated during active service.

The Board remands the issues of entitlement to an initial rating in excess of 10 percent for residuals of a fragment wound, left ankle with arthritis and limitation of motion; a rating in excess of 20 percent for residuals of a fragment wound of the left foot with neuropathy; a rating in excess of 10 percent for residuals of a fragment wound with metallic densities, right ankle with limitation of motion; and an initial rating in excess of 10 percent for residuals of fragment wound of the right foot with neuropathy to obtain additional evidence.

The Board denied an initial compensable evaluation for residuals of a right ankle sprain prior to February 27, 2004, and an initial evaluation in excess of 10 percent from February 27, 2004.

The veteran's initial rating for post-operative status of the left ankle was denied, but a separate 10 percent rating was granted for a superficial scar on the lateral left ankle.

The Board denied service connection for left knee disorder, right knee disorder, left ankle disorder, and low back pain as the evidence did not support a finding that these conditions were incurred or aggravated during active military service.