Ankle decisions — 2010

The Board has remanded the case for further development, including obtaining service treatment records and private medical records to determine if the Veteran's current conditions are related to his military service.

The Veteran's service-connected left ankle disability is currently rated at 20 percent, and the Board finds no evidence to support a higher rating.

The Board has determined that the Veteran's current left leg disability is not related to his service-connected right calcaneal fracture and therefore denied his claim for service connection.

The Veteran's claims for service connection for a left ear hearing loss, initial compensable evaluation for HTN prior to January 26, 1999, and initial evaluations in excess of 10 percent for left foot stress fracture injury residuals, left ankle fracture injury residuals, and residual lacerations of the third and fourth fingers of the left hand were denied. The Veteran does not have a current hearing loss disability for VA purposes.

The Veteran's service-connected disabilities do not render him unemployable, as multiple VA and private examiners have indicated that he is capable of performing sedentary work.

The Board has granted service connection for right ankle strain with degenerative joint disease as secondary to left ankle strain with degenerative joint disease. The Veteran's acquired psychiatric disorder, including major depressive disorder, is also service-connected.

The Veteran's claims for service connection are being remanded due to incomplete records and the need for additional examinations.

The Veteran's claim for service connection for a left leg disability, including the knee and ankle, is denied as there is no credible evidence of an in-service injury to his left leg.

The Veteran's lumbar spine degenerative disc disease has been rated at the highest available evaluation of 60 percent, which is more than the requested initial evaluation in excess of 20 percent.

The Veteran's bilateral ankle disorder, right ankle disorder, and right knee disorder are all found to be secondary to his service-connected left knee disability. The back disorder is not considered service connected.

The Veteran's left knee disability was rated at 10 percent prior to December 2, 2008. He is granted a separate 10 percent evaluation for instability of the left knee. The claims for service connection for left ankle and right hip disorders are denied.

The Veteran's service-connected disabilities, including coronary artery disease, diabetic nephropathy, diabetes mellitus, and various neuropathies of the lower extremities, have rendered him unable to secure or follow substantially gainful employment. The Board has granted TDIU based on these conditions.

The Veteran's claims for service connection for low back disability, bilateral foot disability, and bilateral ankle disability are being remanded due to the submission of additional relevant medical evidence and a need to reschedule an examination.

The Board is remanding the Veteran's claims for service connection due to additional development and medical opinions being required.

The Veteran seeks service connection for chronic back disorder, cold injury of the feet, and orthopedic disorders of the feet and ankles. The Board has determined that additional development is needed to determine if these conditions are related to his military service.

The Board found that the Veteran's right ankle disorder, characterized as residuals of a right ankle fracture, was not incurred in or aggravated by service.

The Board has determined that the Veteran does not have service connection for pancreatitis, arthritis of the bilateral knees and ankles, herniated disc of the lumbar spine, diabetes mellitus, Type II, or hepatitis C.

The Board has determined that the Veteran does not have a right ankle disorder, right foot disorder, or bilateral pes planus. As such, service connection for these conditions is denied.

The Veteran's left ankle disability and PTSD were not incurred in or aggravated by service. The Board found no current left ankle disability, and the Veteran did not engage in combat with the enemy as required for a stressor to be considered credible.

The Veteran's appeals for increased ratings and earlier effective dates have been denied. The Board found that the Veteran did not meet the criteria for a compensable rating prior to January 23, 2009 or a rating in excess of 10 percent at any time for his basal cell carcinoma with actinic keratoses.