Ankle decisions — 2010

The Board denied the Veteran's claims for higher ratings for his right knee and left ankle disabilities, finding that the evidence did not support a rating higher than the current assigned ratings.

The Board has remanded the Veteran's claims due to incomplete notice and development needs, including obtaining SSA records for schizophrenia and VA treatment records for a right ankle disability.

The Board has remanded the case due to difficulties in obtaining service personnel records and the need for a VA examination to determine if the Veteran's current right ankle disorder is related to his active service.

The Veteran's claim for a higher rating for ankylosis of the right ankle is being remanded due to the need to obtain Social Security Administration (SSA) records that may support his disability award.

The Veteran's claim for increased evaluations for his service-connected rheumatoid arthritis was denied. The effective date of the deconstructed ratings remains March 31, 2007.

The Board has granted service connection for traumatic spondylosis of the lumbar spine and dismissed the appeal regarding right knee chondromalacia and left ankle disability due to lack of specific error or law in the determination.

The Veteran's appeal is being remanded for a new VA examination to assess the severity of her service-connected right ankle sprain.

The Board has remanded the Veteran's claims due to incomplete development of his service treatment records, particularly from July 1990 to August 1991. The RO is directed to attempt to obtain these records and provide a supplemental statement of the case if necessary.

The Board denied service connection for COPD and hammer toes of the bilateral foot, as well as right ankle disability and arthritis of the bilateral foot. The Veteran's claims were not granted.

The Board has remanded the case for additional development due to new evidence and a need for updated examinations.

The Board has remanded the case for additional development to determine if the Veteran's current low back and ankle disorders are related to his military service.

The Veteran's right ankle disability was not productive of ankylosis or severe foot injuries for the period from July 30, 2007, to December 15, 2009. Therefore, a higher evaluation in excess of 20 percent is not warranted during this time frame.

The Board has decided to remand the Veteran's claims for increased ratings due to lack of recent VA examination and outstanding treatment records. The Veteran will need to undergo a VA orthopedic examination at a VA medical facility, preferably at the Altoona VAMC.

The Veteran's claims for service connection for diabetes mellitus and a higher rating for his right ankle disability are being remanded due to the submission of additional medical evidence and the need for further development, including examinations.

The Veteran's claim for an earlier effective date for service connection for severe left ankle sprain with degenerative joint disease, hearing loss and tinnitus is granted. The effective date is set at May 21, 1996.

The Board found that the Veteran did not file a timely substantive appeal in response to the July 20, 2007 SOC regarding her claims for higher initial ratings. As such, her appeals were denied.

The Veteran's claim for a higher initial rating and earlier effective date for pain in the shoulders, knees, and ankles was denied. The RO granted service connection based on new evidence but did not issue a final decision.

The Veteran's left ankle/foot disability, characterized as traumatic arthritis with limitation of motion and claw foot, has been rated at 30 percent since September 19, 2006. The current rating is appropriate given the findings from the July 2009 VA examination.

The Veteran's claim for eligibility for Dependents' Educational Assistance (DEA) benefits is being remanded due to the need for additional development, including obtaining SSA records and VA/privately held treatment records.

The Board denied the Veteran's claims of service connection for arthritis of the ankles, hips, low back, and shin splints due to a lack of evidence linking these conditions to her military service.