Ankle decisions — 2009

The veteran withdrew his appeal concerning entitlement to service connection for PTSD at his January 2007 hearing before the Board. The claim is dismissed.

The Board denied increased ratings for carpal tunnel syndrome, depressive disorder, and hypertension, granted a 10 percent rating for right foot hallux valgus status-post bunionectomy, and denied service connection for cervical spine and left ankle disorders.

The evidence does not show a confirmed diagnosis of bilateral hearing loss, residuals of a right ankle injury, residuals of a right arm injury, residuals of a right shoulder injury, or residuals of a back injury.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, a bilateral hip disorder, a bilateral knee disorder, a back disorder, a bilateral ankle disorder, asthma, and emphysema were denied as there was no evidence of current disability or a link to service.

The Board denied higher ratings for the veteran's service-connected ankle disabilities and denied service connection for a right elbow disability and arthritis of the shoulders.

The claim for service connection for bilateral hearing loss was reopened, but the claims for service connection for residuals of shell fragment wound of the right thigh, residuals of mononucleosis, hepatitis, scar of the right middle finger, and scar of the right great toe were not reopened. The claims for service connection for a left ankle disability, sleep apnea, and temporomandibular joint disability were denied.

The veteran's claims for increased ratings for post-traumatic arthritis of the left ankle were denied as the evidence did not support a higher rating under the applicable criteria.

The Board denied the veteran's claims for increased ratings and service connection, finding no evidence of worsening or additional disability beyond that already compensated.

The Board denied the claims for service connection for a respiratory problem, dislocated right thumb joint, and right ankle sprain as there was no evidence of a current diagnosis related to in-service asbestos exposure or other incident of service.

The Veteran's ankylosing spondylitis and related disabilities of the right ankle, bilateral hips, lumbar spine, and cervical spine were granted service connection as they were found to have been aggravated by his military service.

The Board dismissed the veteran's appeal for an increased rating as there was no timely notice of disagreement with the August 2003 rating decision.

The Veteran's claims for service connection for hearing loss, a left ankle disability, and peripheral neuropathy were denied as there was no evidence of a nexus between the current conditions and his military service.

The Veteran is in need of regular aid and attendance as of May 1, 2005.

The Board denied the Veteran's claim for an evaluation in excess of 10 percent for his service-connected right ankle disability, as there was no evidence of marked limitation of motion.

The case is remanded for further development of the evidence regarding the Veteran's left ankle disability and a Statement of the Case will be issued for the PTSD claim.

The Board found that the Veteran's multiple claimed disabilities were not the proximate result of active duty and were, in fact, due to his own misconduct.

The Veteran's claims for initial ratings for right knee retropatellar pain syndrome, inversion laxity of the left and right ankles, and a comminuted fracture of the right middle finger were granted with 10% ratings effective May 6, 2006.

The Board found that the Veteran's postoperative left ankle fracture did not warrant an evaluation in excess of 20 percent based on the current limitation of motion and other factors.

The appeal is dismissed due to the Veteran's death.

The claims for higher initial and increased ratings for right and left ankle disabilities are being remanded to the RO via the Appeals Management Center (AMC) for further development.