Ankle decisions — 2010

The Veteran's claims for service connection for a left ankle disability, a compensable initial evaluation for bilateral hearing loss, and a rating in excess of 60 percent for tinea versicolor were denied. The Board found that the evidence did not support the presence of a left ankle disorder during service or within one year after separation from service, and thus could not be presumed to have been incurred therein.

The Veteran's appeal is denied as his service-connected left ankle disability does not meet the criteria for an evaluation in excess of 20 percent prior to February 7, 2002 or 40 percent effective from that date.

The Veteran's claims for service connection for bilateral wrist and ankle disabilities have been denied. Claims for bilateral hearing loss, hip disability, knee disability, and left shoulder impingement syndrome are pending.

The Veteran's appeal is being remanded for additional development, including clarification of the basis for his claims and consideration of new evidence. The case will be returned to the Board after completion of these actions.

The Board found that the Veteran's lumbar spine, right ankle, and right foot/heel disorders were not caused or aggravated by her service-connected status post bunionectomy of the right toe. The claims for service connection are therefore denied.

The Board found that the current right ankle disability, including arthritis, was not incurred in or aggravated by service and denied the claims.

The Veteran's bilateral leg and ankle disorders are not service-connected, as they were not incurred or aggravated by his military service. His fracture of the dorsal spine is currently rated at 20%.

The Veteran's claim for service connection for bilateral hearing loss was denied as the evidence did not show that his current hearing loss disability had its onset in service or was caused by active service. The claims for initial compensable ratings for right index finger, left ankle, and right knee disabilities are remanded to obtain updated VA treatment records and schedule the Veteran with appropriate VA examinations.

The Veteran's claim for service connection for osteoarthritis of the bilateral wrists, hands, fingers, ankles, feet, and toes is denied as there is no objective medical evidence showing a current disability. The Board finds that the Veteran does not have osteoarthritis of these joints.

The Board found no evidence of a current disability related to the Veteran's claimed back, left hip, left ankle, and left knee disabilities. The Board also noted that there was no indication of an accident in service or any residual injuries from such an accident.

The Board has denied the Veteran's claim to reopen his service connection for a bilateral ankle condition, finding that no new and material evidence was submitted since the last denial in September 2005.

The Veteran's initial claim for left ankle fracture residuals was granted with a noncompensable evaluation effective June 20, 1997. The RO increased the evaluation to 10 percent disabling effective June 3, 1998. The Board found that there is no basis in the record for a compensable evaluation prior to June 3, 1998 and denied entitlement to a disability rating in excess of 10 percent on and after June 3, 1998.

The Board denied the Veteran's claims for service connection for left knee and left ankle disabilities, as well as a claim for an evaluation in excess of 40 percent for his lumbar spine disability. The decision found that there was no direct evidence linking these conditions to service or service-connected conditions.

The Veteran's appeal is remanded for additional development, including obtaining medical records and scheduling VA examinations to assess the severity of his service-connected disabilities and determine if he is unemployable.

The Veteran's traumatic residuals of a right ankle fracture were manifested by tenderness to palpation of the talar joint and full range of motion, with subjective complaints of pain, weakness, stiffness, and lack of endurance. The disability did not meet criteria for an initial compensable rating.

The Veteran's service-connected residuals of a fractured left lateral malleolus are currently rated at 10 percent, which is the maximum schedular rating available for this condition. The Board found that the current rating adequately reflects the level of impairment caused by his disability.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his bilateral pes planus. The TDIU claim will also be considered.

The Veteran's claim for service connection for arthritis of the right and left ankle is being remanded due to insufficient evidence regarding the relationship between his current disability and in-service injury. The VA will schedule a medical examination to determine if he has osteoarthritis of the ankles, which may be related to an in-service injury.

The Board has remanded the case due to insufficient evidence regarding the Veteran's right ankle, left hip and lumbar spine disorders. The Veteran must be provided with a VA examination to determine if any of these conditions are related to service.

The Board has determined that the Veteran does not have current ankle or foot disabilities for which service connection can be granted. The Veteran's claims for bilateral hearing loss are remanded to obtain relevant treatment records and schedule an audiologist examination.