Ankle decisions — 2010

The Veteran's claims for increased evaluations for hypertension and right ankle fracture were denied as there was no evidence showing that his disability warranted a higher evaluation under the applicable rating criteria.

The Veteran's claims for service connection were denied. The Veteran was granted a non-compensable evaluation for his hearing loss in the right ear, but his claim for an initial compensable rating for his hearing loss in the left ear remains denied.

The Board has determined that there is no evidence of a current bilateral hip, knee, or ankle condition and finds that the Veteran's lower extremity pain is not related to her service-connected lumbar spine disability.

The Veteran's appeals for increased ratings for bilateral pes planus, arthritis of the right ankle, and arthritis of the left ankle have been withdrawn.

The Board found no current right ankle disorder related to service and denied the Veteran's claims for service connection.

The Veteran's ankle disabilities have been rated as 40 percent disabling since March 1, 2006. The rating is effective from that date.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is denied as the earliest factually ascertainable date that he was unable to secure or follow substantially gainful employment due to his service-connected disabilities was June 14, 2005.

The Board has reopened the Veteran's previously denied service connection claims for joint pain, left ankle disability, headaches, acquired psychiatric disability other than PTSD (nervous condition), seizure disorder, and disability manifested by weight loss. However, these claims remain denied as they are not related to active service.

The Veteran's appeal was denied for his claims of service connection for various conditions, including bilateral eye disability, left ankle and foot disabilities, asbestosis, right hip osteoarthritis with labral tears, left knee disability, and left hip tear. The RO found that new and material evidence had not been submitted to reopen the claim of service connection for an eye disability.

The Veteran's appeal is being remanded for additional development, including securing treatment records and scheduling a VA examination. The Veteran also requested a Travel Board hearing.

The Board has reopened the Veteran's claims for service connection for a psychiatric disorder (claimed as PTSD), residuals of a broken right ankle, hypertension, and headaches. The evidence submitted by the Veteran is considered new and material, raising a reasonable possibility that these claims may be substantiated.

The Board has remanded the case for additional development, including obtaining medical records and scheduling VA examinations to determine if there is a connection between the Veteran's current eye and foot/ankle conditions and his service.

The February 2001 grant of service connection for a right ankle disability is not found to contain clear and unmistakable error. The January 2003 rating decision severing such award of service connection is found to be improper.

The Veteran's claims for increased ratings and a separate rating for multiple noncompensable service-connected disabilities have been granted. He is now rated at 10 percent for chronic sinusitis, with no higher initial rating allowed. His left ear hearing loss has also been granted service connection, but he does not meet the criteria for an initial compensable rating. The Veteran's cervical spine and ankle conditions are each rated at 10 percent.

The Board has determined that the Veteran's current knee and ankle disabilities are not related to his service, and thus denied all claims for service connection.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development.

The Veteran's appeal is being remanded due to the need for additional development, including a VA examination to assess his employability given his service-connected disabilities.

The Board has determined that the Veteran's service-connected right ankle disability warrants a 10 percent evaluation, effective April 16, 2007.

The Board has determined that the Veteran does not have a left ankle disability and has granted service connection for residuals of a left eye injury. The cataracts are as likely as not related to the Veteran's military service.

The Veteran's claims for compensation and service connection were denied. The Board found that the evidence did not meet the criteria for higher ratings or effective dates.