Ankle decisions — 2010

The Veteran's death was not caused by any service-connected condition, and the Board finds that his suicide does not meet the criteria for willful misconduct resulting in suicide.

The Board found that the Veteran's muscle/joint pain is not related to his military service and denied his claim.

The Veteran's claim for an increased rating of his right ankle strain with fifth metatarsal fracture is being remanded due to the need for further evaluation and assessment of any additional foot disability, such as arthritis or reflex sympathetic dystrophy.

The Veteran's right knee strain and right ankle strain have been rated at 20 percent each, effective as of December 2, 2009.

The Board has determined that new and material evidence has not been received to reopen the previously denied claims for service connection for residuals of a right ankle injury and lupus. The claim for service connection for residuals of a right ankle injury is denied, while the claim for service connection for lupus is reopened.

The Veteran's claims for service connection were denied. The Board found that new and material evidence had been received to reopen the claim for a skin disability, but not for diabetes mellitus. The Veteran does not have hypoglycemia or fatigue related to his military service.

The Board found that the proposed reductions in evaluations for the Veteran's right ankle ligament repair, left ankle fracture with ligament repair, right ankle scar, and left ankle scar were not proper due to lack of improvement in disability.

The Veteran's claim for service connection for costochondritis, claimed as chest pain, was granted. The claims for increased ratings for the right ankle and lumbosacral strain with mild sciatica and right radiculopathy were also granted.

The Veteran's service-connected disabilities do not render him unemployable, as his age is considered in determining whether he can secure or follow substantially gainful employment.

The Board has determined that the Veteran does not have current disabilities of left ankle, low back, cervical spine, or left knee. Therefore, service connection for these conditions is denied.

The Veteran's left ankle disability was granted a 20 percent rating effective March 27, 2007. Her right and left knee disabilities were not rated higher.

The Veteran's GERD, left ankle disability, and neck disability did not have onset in active service and are not otherwise etiologically related to active service.

The Board found that the Veteran's bilateral lower extremity disability, including severe leg pain and numbness of the ankles, knees, and legs, was not proximately due to VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA in furnishing medical care. Therefore, the claim for compensation under 38 U.S.C.A. § 1151 was denied.

The Veteran's appeal is remanded due to the need for additional medical examinations and records, as well as a review of his employment history.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected disabilities, including osteoarthritis of the left knee, right hip, and right ankle. The RO will also attempt to obtain any relevant private or VA treatment records.

The Veteran's claim for an earlier effective date for service connection of ankle arthritis is granted, with the earliest evidence being a May 25, 1994 VA X-ray report. The claim for TDIU is also granted.

The Veteran's claims for increased ratings and service connection were denied. The initial rating for degenerative joint disease of the right foot was not granted as greater than 10 percent prior to November 18, 2009, and greater than 20 percent thereafter. Other claims for service connection or increased ratings were also denied.

The Veteran's service-connected generalized anxiety disorder contributed to his fatal cardiomyopathy, reducing his ability to rehabilitate and medicate which caused a more rapid deterioration of his physical health and condition. The Board finds that the Veteran's psychiatric disability was not the only contributing cause of his death but did contribute.

The Veteran's claims for service connection for left ankle, lumbar spine, and bilateral hip disabilities are being remanded due to the need for additional examinations and medical opinions.

The Board has granted service connection for bilateral superolateral hip joint space narrowing with chronic left hip strain and left hip malformation, as well as minimal degenerative changes to the knees. The Veteran's bilateral ankle disorder is found less likely than not caused or aggravated by his service-connected disabilities.