Ankle decisions — 2009

The Veteran's claims for increased ratings and service connection were denied. The Board found no evidence of ankylosis in the left ankle, which prevented a higher rating. Service connection was not granted for neck or lower leg disorders as there was insufficient medical evidence linking these conditions to his service-connected left ankle disability.

The Board has reopened the claims for service connection for residuals of a left knee injury and chronic low back pain, which were previously denied. The Veteran's claim is granted as new and material evidence has been submitted. Service connection is established for these conditions. However, no rating assigned or effective date determined.

The Veteran's service-connected disabilities include multiple knee conditions, a scalp laceration, and restrictive airway disease. The appeal is remanded due to the need for additional development of evidence regarding his new claims and VA examinations.

The Board has reopened the claim for service connection for a right ankle disability and remanded it for further development.

The Board has determined that the Veteran's service-connected degenerative arthritis of the right ankle, right knee, and left knee warrants initial ratings of 20 percent for the right ankle and 10 percent each for the right and left knees since January 31, 2006.

The Board denied the Veteran's claims for service connection for PTSD and a bilateral ankle strain due to lack of credible supporting evidence for the claimed stressors and absence of in-service treatment records.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for his left knee disability, as there was no ankylosis or instability noted. Service connection was also denied for chest pain and a boil on the chest due to lack of clear evidence linking these conditions to service.

The Veteran's death was caused by his service-connected gunshot wound residuals, which led to a sedentary lifestyle and ultimately contributed to the development of arteriosclerotic heart disease. The September 16, 1947 rating decision that reduced his disability evaluation from 100% to 80% is found to contain CUE due to its failure to consider the Veteran's unemployability.

The Board denied the Veteran's claims for service connection for bilateral hearing loss and PTSD, as well as an increased rating for his left ankle fracture. The claim for a compensable evaluation for residuals of injury to the left elbow was not addressed in this decision.

The Veteran's appeal is being remanded for additional development of his service connection claim, including obtaining relevant medical records and conducting further research into the alleged right ankle injury during active service.

The Board has determined that there is no evidence linking the Veteran's arthritis of the right ankle to her service, and thus denied her claim for service connection.

The Veteran's appeal is remanded to the RO for further development, including obtaining medical records and arranging for a VA examination of his left ankle.

The Veteran's claims for PTSD, bilateral carpal tunnel syndrome, and sleep apnea are granted. The claim of residuals of a right ankle injury is reopened but the issue remains pending as new evidence has been submitted.

The Board has remanded the case for readjudication of the TDIU claim after the grants of service connection for degenerative arthritis of the right knee and ankle, as his combined evaluation now meets the schedular criteria for a claim for TDIU.

The Veteran's left ankle disability is rated at 40 percent, and his right ankle disability is rated at 10 percent.

The Board has granted the appellant's claim of entitlement to service connection for IBS, as due to an undiagnosed illness in Southwest Asia. The claim of left ankle DJD is denied.

The Veteran's initial claim for a right ankle disability was granted, and he is currently receiving a 10 percent rating. The RO has increased the rating to 30 percent from April 20, 2006 to December 7, 2006, and to 10 percent since March 1, 2007.

The Veteran's claims for increased ratings and service connection have been denied. The maximum schedular rating has already been assigned for the left hand disability, and no other issues meet the criteria for higher initial ratings.

For the period December 18, 2002 to September 8, 2003, the Veteran's left ankle synovitis caused no more than moderate limitation of motion.,From September 9, 2003, there is no evidence that the Veteran's left ankle is ankylosed.

The Veteran's left ankle disability, which included recurrent sprain and three surgeries with chronic residuals of swelling, decreased range of motion, and tendonitis, was found to warrant a higher rating of 20 percent.