Ankle decisions — 2010

The Board found that the Veteran's claimed disabilities, including bilateral hearing loss and arthralgias of wrists, hips, knees, and ankles, were not incurred or aggravated by military service. The evidence did not support a finding of current disability for any of these conditions.

The Board found that the Veteran's claimed conditions did not have their onset during active military service and denied his claims for service connection.

The Veteran's appeal is being remanded due to the need for additional VA examinations and the retrieval of relevant treatment records.

The Board has granted service connection for PTSD and assigned a 50 percent disability evaluation. The Veteran's PTSD is manifested by suicidal ideation, some difficulty working with others, and some irritability towards his wife.

The Board found no current disability of either knee and denied service connection for bilateral knee arthritis. The left ankle fracture was also denied as the pre-service injury did not aggravate during service.

The Board dismissed the appellant's appeal because he did not file a timely substantive appeal within one year of the August 31, 2004 rating decision.

The Veteran is seeking service connection for a left knee disorder that he believes is related to and aggravated by his service-connected left ankle condition. The Board has determined that an additional medical opinion is needed to address whether the current left knee disorder was caused or aggravated by the service-connected left ankle condition.

The Board denied the claim for an earlier effective date, finding that the February 7, 2000 petition to reopen claims of service connection for bilateral foot and ankle disabilities is the earliest effective date.

The Board has reopened the Veteran's claim of service connection for residuals of a right ankle fracture and granted it, finding that the evidence is in equipoise with the negative opinions against the claim. The Board concludes that the Veteran's current ankle disorder is more likely related to his military service.

The Veteran's claims for initial higher ratings for peripheral neuropathy of the lower extremities are denied. The Board found that the evidence did not meet the criteria for a rating higher than 10 percent before November 17, 2008, and an initial rating higher than 20 percent from November 17, 2008.

The Board has remanded the Veteran's claims due to inadequate examination and missing treatment records, as well as the need for a hearing on her sarcoidosis claim.

The Veteran's ankle disabilities were rated at 20 percent for the period prior to October 20, 2008. Effective October 20, 2008, a 30 percent rating was granted.

The Veteran's claims for increased ratings and service connection were denied. The decision does not address the temporary total evaluation claim.

The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination. The issues of service connection for residuals of a right ankle injury, back arthritis, and arthritis of both shoulders are inextricably intertwined with the matter of service connection for residuals of a right ankle injury.

The Board has reopened the claim for service connection for traumatic arthritis of the left ankle and determined that new evidence supports a finding that the Veteran's pre-service fracture increased in severity during service, warranting presumptive service connection.

The Veteran's initial ratings for his left ankle disability and degenerative disc disease of the lumbar spine are denied as they do not meet the criteria for an increased rating.

The Veteran's appeal is remanded to the RO for further development, including obtaining medical records and scheduling VA examinations. The issues of service connection for bilateral knee disorder, bilateral ankle disorder, and left hip disorder are being addressed.

The Veteran's appeal is being remanded for a new Travel Board hearing due to his inability to attend the scheduled hearing.

The Board has determined that the Veteran's current left ankle disorder is due to an in-service injury, and service connection for this condition is granted.

The Veteran's service-connected disabilities do not preclude him from securing or following substantially gainful employment.