Ankle decisions — 2010

The Veteran's service-connected disabilities do not prevent him from securing and retaining some type of substantially gainful employment.

The Veteran's service-connected recurrent sprain, right ankle with traumatic arthritis is currently rated at 20 percent and the Board finds that a higher rating is not warranted.

The Veteran's claim for a TDIU rating based on his service-connected disabilities is being remanded due to the need for an examination to determine if he is unemployable solely due to his service-connected conditions.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's right ankle and bilateral knee disabilities were not found to be related to service, and he was denied service connection for these conditions.

The Veteran has a bilateral foot disability that is related to active service and is granted service connection.

The Board has determined that the Veteran does not have a hearing loss disability for VA purposes and denied service connection for bilateral hearing loss. The RO granted service connection for right ankle sprain with ligamentous laxity and assigned a 10 percent evaluation, which is upheld by the Board. However, the Veteran's initial ratings for right knee strain with infrapatellar tendonitis are denied as they do not meet the criteria for an increased rating.

The Veteran's left ankle disability, characterized as moderate limitation of motion, does not meet the criteria for a higher rating in excess of 10 percent.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or automobile and adaptive equipment eligibility.

The Veteran's service-connected lumbosacral strain and HNP, L4-L5, status post-operative are productive of incapacitating episodes requiring bed rest having a total duration that exceeds 6 weeks in a year. The Board has also granted an increased rating to 60 percent for this condition.

The Veteran's right knee disability is rated at 10 percent, and a separate 10 percent rating for instability of the right knee has been granted. The Veteran's left ankle impairment is rated at 20 percent.

The Veteran's service connection claims for chronic GERD, kidney disorder, sinus disorder, right elbow disorder, sleep apnea, and left ankle disorder are all granted.

The Veteran's service-connected stress fractures of the right ankle, left tibial plateau, and right hip/pelvis have been rated as 10 percent disabling since February 28, 2006. The Veteran has not met the criteria for a higher rating under any applicable diagnostic codes.,The Veteran's service-connected stress fractures of the left hip/pelvis have also been rated as 10 percent disabling since February 28, 2006. The Veteran does not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has determined that the Veteran's current bilateral ankle, knee, and low back disabilities are related to his in-service right tibia fracture. As such, service connection is granted for these conditions.

The Board has determined that the Veteran's claims for service connection have been denied, with some issues being granted and others remaining in denial. The decision is based on the merits of the cases where new and material evidence was not received to reopen previously denied claims.

The Board denied service connection for joint and muscle pain claimed as due to undiagnosed illness, left ankle disability, and bilateral shoulder disability. The Veteran's complaints of joint and muscle pains were not found to be related to his military service.

The Board has determined that the Veteran's heart condition, claimed as abnormal EKG, and his right ankle disorder are service-connected. The heart condition is considered a direct result of active duty for training (ACDUTRA) during which he was disabled from an injury incurred in line of duty. The right ankle disorder is also considered to have been incurred during ACDUTRA.

The Veteran withdrew his appeals for increased ratings in all three issues, resulting in the dismissal of these cases.

The Board has remanded the case for further development, including obtaining hospitalization records from Camp Lejeune and reviewing the claims file with a VA orthopedist to determine if any ankle disorder is related to service.