Ankle decisions — 2009

The veteran's need for regular aid and attendance is not due to his service-connected post-traumatic stress disorder, and he is not permanently housebound by reason of his service-connected post-traumatic stress disorder.

The Board denied service connection for left shoulder arthralgia, right knee degenerative joint disease, a right ankle disorder, and migraine headaches as they were not shown to be related to the appellant's active military service.

The Board found clear and unmistakable error in the March 1974 administrative decision that the veteran's discharge was not a bar to VA benefits, and denied service connection for all claimed conditions as the character of discharge is a bar to VA benefits.

The veteran's appeal was partially granted, with separate 10 percent evaluations for bilateral shin splints and hallux valgus, but denied for a right breast cyst and hemorrhoids. The claims for higher initial evaluations for PTSD, degenerative changes of the lumbar spine, trochanteric bursitis of both hips, and ankle strains were remanded.

The veteran's appeal for service connection for bilateral ankle disability and obstructive sleep apnea was dismissed due to a lack of timely substantive appeal.

The veteran's residuals, posterior process talus fracture of the left heel and chondromalacia patella of the left knee do not meet the criteria for increased ratings.

The veteran's appeal for service connection for left leg/ankle swelling was withdrawn. The remaining claims were denied as there is no medical evidence of a causal link between the claimed conditions and any incident of service.

The veteran's claim for an earlier effective date for a total disability evaluation based on individual unemployability due to service-connected disabilities was denied as the criteria were not met prior to December 15, 2000.

The veteran's chronic sinusitis, left ankle sprain with early degenerative joint disease, status post right lateral meniscectomy, and residuals of a fracture of the right fifth metacarpal do not warrant higher ratings.

The appeal was remanded to the RO for further development of evidence related to the veteran's in-service physical therapy records.

The veteran's claims for increased ratings for his bilateral eye disability, sinusitis, prostatitis, and left ankle disability were denied as the evidence did not support a higher rating.

The Board remands the case for a VA examination to determine whether the veteran's left ankle, knee and hip disabilities are related to service.

The Board denied service connection for residuals of a right shoulder dislocation, an ear canal infection, and a right ankle fracture. The veteran's claims for increased ratings for fractured right iliac crest and femur and right heel plantar spur were also denied.

The veteran's claim for service connection for a right ankle disorder as secondary to his service-connected left ankle disability was remanded for further development.

The veteran's service-connected extrinsic asthma is rated at 30 percent, and he was granted service connection for allergic rhinitis and a chronic left wrist sprain.

The veteran's claims for earlier effective dates for the awards of service connection and increased ratings were denied as the evidence did not support an earlier date than January 13, 2006.

The veteran's claims for service connection for left ankle and right knee disabilities are being remanded for a new VA examination to determine the nature, extent, and etiology of his current symptoms.

The veteran's service-connected anxiety reaction with bowel symptoms, rated at 70 percent disabling, renders him eligible for a total disability rating based on individual unemployability.

The case must be remanded to obtain additional medical records from a private physician and address the timeliness of an appeal for compensation under 38 U.S.C.A. § 1151.

The veteran does not currently have any diagnosed chronic left ankle disability or residuals of a right foot injury, and the claims for service connection were denied.