Ankle decisions — 2009

The Board denied the veteran's attempts to reopen claims for service connection for a back disorder and left ankle disorder, as new and material evidence was not presented.

The veteran's claims for service connection and increased ratings were denied as the evidence did not support a finding of a current disability or an increase in severity.

The Board denied the veteran's claims for service connection for a low back condition, residuals of a right ankle strain, bilateral hearing loss, and residuals of a right knee injury.

The Board remands the claims for service connection for a left knee and right ankle disability to ensure compliance with VA's duty to assist under the VCAA.

The Board denied the veteran's claims for service connection for lumbosacral disc disease, degenerative joint disease of the left knee and degenerative joint disease of the right ankle as secondary to his service-connected disabilities of the left foot and right knee.

The Board denied increased ratings for the veteran's service-connected low back and cervical spine disabilities, an initial compensable evaluation for left cervical radiculopathy, and service connection for right ankle weakness, hypertension, and erectile dysfunction.

The veteran's claims for service connection for bilateral hearing loss, anal fissures, orchialgia of the right testicle, residuals of a right ankle sprain, and a right knee disability are being remanded for further development.

The Board found that the RO's decision to reduce the veteran's disability evaluation from 20 percent to noncompensable was proper, as there had been significant improvement in her condition.

The veteran withdrew his appeals for service connection for a right knee disability, right ankle disability, left knee disability (secondary to right knee), and lung scarring due to exposure to asbestos.

The appeal is remanded to the RO for a video conference hearing before a Veterans Law Judge at a local RO.

The appeal is being remanded to the RO for further development and a re-adjudication of the veteran's claims.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for additional disability of the right lower extremity, as there was no competent medical evidence to support his assertions that the disabilities were caused by a lack of proper care or negligent treatment on the part of VA caregivers.

The Board remanded the veteran's appeal for an increased rating of a right ankle injury because the veteran was not afforded a hearing before a Veterans Law Judge at the Regional Office despite repeatedly requesting one. The veteran is entitled to a hearing and opportunity to submit additional evidence and argument before the merits are decided.

The veteran's claim for reimbursement of unauthorized medical expenses for right ankle surgery on August 8, 2006, was denied because the treatment was not emergent and a VA facility was feasibly available.

The Board denied the veteran's claim for service connection for claimed residuals of leg injuries, finding no medical evidence linking these conditions to his military service.

The veteran's PTSD was granted a 70 percent rating, while the other claims for increased ratings were denied.

The appeal for an earlier effective date was denied as it was not factually ascertainable that the veteran's left ankle fracture had increased in disability within one year prior to November 30, 2004.

The Board has reopened the veteran's claims for service connection for a neck disorder, a bilateral ankle disorder and a bilateral knee disorder.

The veteran's claims for service connection for bilateral sensorineural hearing loss, an initial compensable evaluation for degenerative joint disease of the cervical spine, and an initial compensable evaluation for gastro-esophageal reflux disease (GERD) were denied. The claims for increased evaluations for post-traumatic stress disorder, chronic migraine headaches, and degenerative arthritis of the right ankle are remanded.

The Board found that the preponderance of evidence is against a finding that the veteran has any current bilateral foot and ankle disorders as a result of his active military service.