Ankle decisions — 2010

The Veteran's claims for higher ratings for his service-connected left ankle fracture, right ankle injury, herniated nucleus pulposus of the lumbar spine, and bilateral hearing loss have been denied. The evidence does not support a rating in excess of the current assigned ratings.

The Veteran's claims for service connection are being remanded to obtain clarification on the periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA), and to determine if any current disabilities are related to such service.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical records and examinations.

The Veteran's death was caused by multiple trauma, closed head injury, and skull fracture due to a motor vehicle collision. His service-connected adjustment disorder with mixed anxiety and depression substantially contributed to his death. The claim for DIC under 38 U.S.C.A. § 1318 is dismissed as the cause of death is not service connected.

The Veteran's chronic left knee and ankle sprain/strain residuals were initially manifested during active service, and the Board has now granted service connection for these conditions.

The Veteran's right ankle disorder is service connected. His bilateral hearing loss and tinnitus are not service connected.

The Veteran's claim for TDIU was granted effective October 13, 2005, based on his combined service-connected disability rating of 80 percent from that date.

The Veteran's right ankle disability was previously rated at 10 percent, but the May 2009 VA examination showed marked limitation of motion. The Board has granted a higher rating of 20 percent effective from May 12, 2009.

The Veteran seeks service connection for a right ankle disability, to include as secondary to his service-connected bilateral hallux valgus and pes planus. He also seeks an initial rating in excess of 20 percent for his left ankle disability.

The Veteran's claim for an earlier effective date for TDIU was denied as the evidence did not show that he was unemployable due to his service-connected disabilities prior to October 19, 2005.

The Board found no evidence of a left foot and ankle disability or a left leg disability during service, and concluded that the Veteran's current disabilities are not related to his military service.

The Veteran's right ankle disorder, cold injury residuals to the right and left lower extremities, and cold injury residuals to the nose were not shown or found to be related to his service.

The Veteran's claim for service connection for a left ankle disability as secondary to his service-connected chronic synovitis of the left knee was denied. The issue regarding service connection for depression as secondary to his service-connected chronic synovitis of the left knee is also addressed.,The Veteran requested to reopen his claims for service connection for fallen arches of the bilateral feet and for depression as secondary to his service-connected chronic synovitis of the left knee. His request was denied due to lack of new and material evidence.

The Veteran withdrew his appeals for the service connection claims related to left ankle disability, left lower leg disability, hallux valgus of the left foot, tremors in the left hand, and tremors in the right hand. As a result, these matters are dismissed.

The Board has granted service connection for a left eye pterygium, but denied service connection for residuals of right ankle injury and left shoulder disorder (impingement syndrome).

The Veteran withdrew his appeals for all seven issues, including service connection claims and initial compensable ratings.

The Veteran's bilateral ankle disability is etiologically related to service and he is granted service connection for this condition. The issue of entitlement to an extension of a temporary total rating beyond January 2010, for convalescence required as a result of left foot surgery in July 2009, remains pending. Service connection for back disability is also granted. The Veteran's bilateral pes planus claim will be addressed separately.

The Board has remanded the case for additional development due to insufficient evidence on whether any current arthritis or degenerative joint disease of the Veteran's shoulders, elbows, hands, knees, and ankles is proximately due to, caused by, or aggravated by service-connected low back strain.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining updated VA treatment records and scheduling a VA examination.

The Board has dismissed the appeal for service connection for migraine headaches due to the Veteran's withdrawal of his appeal. The case is remanded for further development regarding whether new and material evidence has been received to reopen a claim of service connection for bilateral knee disability, as well as for evaluations of the Veteran's low back and left ankle/heel disabilities.