Ankle decisions — 2009

The Veteran's claim for an increased rating for DDD of the lumbosacral spine was denied, and his claim for an earlier effective date for service connection remains pending.

The Board has denied the Veteran's claims for service connection for PTSD and a left ankle disability due to lack of evidence supporting these conditions.

The Veteran's right ankle disability is rated as 20% disabling, but the Board finds no basis for a higher rating. The Veteran does not have service-connected lumbar degenerative disc disease, disc desiccation, and bulging disc due to his military service.

The Board has determined that the Veteran's left ankle fracture residuals are related to his period of active service and is granting service connection for this condition. The claims for bilateral hearing loss and major depressive disorder are being remanded due to the need for additional development.

The Veteran's right ankle and foot disabilities are evaluated at a 10 percent rating each. The Board found that the Veteran's right ankle disability does not warrant an evaluation in excess of 10 percent, but his right metatarsalphalangeal joint disability is now rated separately at 10 percent.

The Veteran's left ankle and foot pain are due to Charcot changes, which is service-connected. The bilateral hip disorder is not service-connected as it did not manifest during or within one year after service discharge.

The Veteran's service-connected degenerative osteoarthritis of the left ankle and tarsal tunnel syndrome of the left foot have been granted initial ratings of 20 percent each, effective March 30, 2006.

The Board has determined that the Veteran's right ankle disability is not related to active military service and therefore denied his claim for service connection.

The Board found that the Veteran's current symptoms, including pain and need for a cane, were not due to carelessness or negligence on the part of VA during his left ankle surgery. The preexisting nerve entrapment condition was deemed unrelated to the surgical treatment.

The Board has determined that the Veteran's current right ankle disorder is not proximately due to or the result of his service-connected left knee disability, and thus denied the claim for secondary service connection.

The Veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbar spine was granted, with a current rating of 20 percent effective as of March 17, 2009. The claims for increased ratings for chronic capsulitis of the left knee and left ankle were denied. TDIU is not addressed in this decision.

The Board has determined that additional development is needed to determine if the Veteran's service-connected disabilities render him unemployable, and has therefore remanded the case for further action.

The Board has remanded the Veteran's claims due to incomplete records and need for a VA examination.

The Board has decided to remand the case for further development, including obtaining medical records and scheduling a VA examination.

The Veteran's bilateral pes planus with osteoarthritis of both feet and ankles is currently rated at 30 percent, the maximum schedular rating for this condition.

The Veteran's right ankle disability is rated at 10 percent, and his low back disability is rated at 20 percent prior to November 22, 1999, and 40 percent from that date. The appeal for higher ratings remains denied.

The Board has determined that the Veteran does not have a current bilateral hearing loss disability for VA purposes and his right ankle disability is not related to service. Therefore, the claims for service connection are denied.

The Veteran's claims for increased ratings and service connection were denied. The RO provided the Veteran with multiple opportunities to submit evidence, but he failed to appear at scheduled VA examinations.

The Board has denied the Veteran's claims for service connection for an acquired psychiatric disorder, bilateral foot disorder, bilateral ankle disorder, and low back disorder. The claim for a right shoulder disorder was not reopened due to lack of new and material evidence.

The Veteran's appeal is being remanded for further development, including obtaining a VA examination and issuing a Statement of the Case (SOC) regarding his left knee disability.