Ankle decisions — 2010

The Board has remanded the case for further development, including a VA examination to determine if the veteran's current ankle and back disorders are related to his service-connected bilateral knee disorder.

The Veteran's appeal was denied for increased ratings for PTSD and chronic left ankle sprain and strain with Achilles tendonitis. The disability is rated as 50 percent for PTSD prior to January 7, 2008, and 20 percent thereafter. For the ankle condition, there is no ankylosis but marked limitation of motion.

The Veteran's gouty arthritis, right second toe interphalangeal and left ankle resulted in significant pain during flare-ups but did not meet the criteria for higher ratings due to lack of severe impairment or incapacitating exacerbations.

The Veteran's claims for service connection are being remanded to obtain additional medical records and conduct further examinations. The Board will consider the evidence in its decision.

The Board found that the current right ankle disability was not incurred in or aggravated by service and is not proximately due to or the result of the service-connected left foot plantar fasciitis.

The Board has decided to remand the claims for service connection for a right ankle disorder and PTSD due to incomplete records, need for VA examinations, and potential issues with pyramiding.

The Board denied the Veteran's claims for chronic bronchitis and left ankle disability, but granted service connection for a left foot disability. The Veteran's current diagnoses do not support his claims for chronic bronchitis or left ankle disability.

The Board has reviewed the appellant's claims for service connection for various disabilities, including PTSD, a cervical spine injury, and injuries to her right ankle and arm. The RO previously denied these claims in February 1998 and March 2000 due to lack of evidence linking the current conditions to military service. New evidence submitted since then does not raise a reasonable possibility of sustaining any of the claims.

The Board has determined that the Veteran's service treatment records are unavailable and remands his claims for service connection due to a lack of evidence. The Veteran is requested to provide information regarding medical treatment for the claimed disabilities since his discharge from service, including alternate sources such as VA military files or private medical providers.

The Board denied the Veteran's claims for increased disability ratings for his service-connected right ankle, knee, and hip disabilities. The current rating of 30 percent for residuals of a fracture of the right fibula with degenerative arthritis of the right ankle is maintained.

The Veteran's income exceeds the maximum annual pension rate (MAPR), but he claims unreimbursed medical expenses that reduce his income to an allowable rate. The case is REMANDED for clarification of medical expenses and proper accounting of income and expenses.

The Veteran's asthma, GERD, right shoulder, and right ankle disabilities were not found to warrant increased evaluations. The appellant did not meet the criteria for higher ratings under applicable diagnostic codes.

The Veteran's claims for left ankle, bilateral hand, and bilateral knee disorders were denied as there is no current evidence of these conditions. The Veteran was found to have normal hearing with tinnitus in his left ear, which does not meet the criteria for service connection.

The Board has determined that the Veteran does not have a low back disability, left ankle or knee disabilities, bilateral leg disability, or right leg limp that is related to service. The claim for an evaluation in excess of 10 percent for residuals of a fracture of the right proximal fibula and distal tibia with traumatic arthritis has also been denied.

The Veteran's appeals for increased ratings for PTSD and a left ankle/foot injury have been withdrawn.

The Veteran's residuals of a left ankle fracture were reduced from 40% to 20%, effective January 1, 2009. The reduction was upheld as there had been no sustained material improvement in the symptoms attributable to this disability.

The Veteran's appeal for an increased evaluation of his service-connected right ankle fracture has been dismissed due to the Veteran withdrawing the appeal.

The Veteran's claim for an increased disability rating for residuals of a right ankle injury was denied as the evidence did not show that his condition warranted a higher rating.

The Veteran's claims for increased ratings for his right and left ankle disabilities have been denied. The Board finds that the current 10 percent ratings adequately reflect the severity of these conditions.

The Veteran's service connection claims for loss of vision of the right eye, residuals of a left ankle injury, and various other conditions are denied. The Board found no clear and unmistakable evidence that any pre-existing disabilities were aggravated by service.