Ankle decisions — 2010

The Veteran's service-connected right ankle disability required convalescence following surgery in May 2006, for at least a one-year period. The temporary total disability evaluation under 38 C.F.R. § 4.30 based on a need for convalescence following right ankle surgery is granted until May 5, 2007.

The Board found that the reduction in the combined rating for right ankle disabilities was proper due to a violation of the amputation rule, and the termination of TDIU was also proper as there was clear and convincing evidence showing the Veteran's employability despite his service-connected disabilities.

The Veteran's claim for a disability rating greater than 40 percent for shrapnel wound of the right thigh involving Muscle Group XIV was denied. The claim for a rating in excess of 10 percent for traumatic degenerative arthritis of the left ankle was also denied.

The Board denied the Veteran's claims for service connection for various conditions, including right foot pes planus, left hip disability, cervical spine DDD, shoulder and upper extremity disabilities, lumbar spine DDD, bilateral knee disability, lower extremity nerve disability, fibromyalgia, and left ankle disability. The appeals were based on the submission of new and material evidence.

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

The Board denied increased ratings for the Veteran's service-connected fractured right ankle with degenerative joint disease and degenerative disc disease of the lumbosacral spine, finding that the evidence did not warrant a higher rating based on current symptoms.

The Board has determined that the appellant's right and left ankle disorders are not related to his military service, as there is no evidence of an in-service injury or aggravation. The appellant's current ankle disorders are considered congenital and were not aggravated by service.

The Veteran's appeal is being remanded to the RO for further development, including a VA examination and consideration of his claims for service connection based on aggravation, TDIU, and increased rating.

The Veteran's claim for an evaluation in excess of 20 percent for his service-connected right ankle disability was denied. The effective date for the current 20 percent rating remains unchanged.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling a VA examination to assess the severity of his service-connected right ankle disability. The claim for service connection for a psychiatric disorder will also be reviewed.

The Board has remanded the case for further development and readjudication, including consideration of a claim for service connection for bilateral pes planus.

The Veteran's bilateral ankle disorder (tendinitis) is service-connected, with the Board finding that his current diagnosis of tendinitis originated during military service.,Service connection for a low back disorder was not established. The Board found no evidence linking the current degenerative changes in the lumbar spine to the Veteran's military service.

The Board has granted service connection for asbestosis and found that the Veteran's current diagnosis of asbestosis is related to his in-service exposure to asbestos. The issue of an initial rating in excess of 20 percent for osteoarthritis of the right ankle remains pending.

The Veteran's claims for service connection for posttraumatic stress disorder, right knee disability, left knee disability, and right ankle disability have all been denied. The Board found that the evidence did not support a finding of in-service incurrence or aggravation of these conditions.

The Veteran's right ankle disorder was not noted in service, and no current disability is related to service.,Sinusitis has been diagnosed since service. The Veteran's current sinus symptoms are not related to his service.,No heart disorder was noted in service or currently exists.

The Veteran's service-connected disabilities result in his needing assistance with many of his activities of daily living, including bathing and dressing his lower extremities. Due to poor balance and ambulation caused by his service-connected knee and ankle disabilities, he requires care or assistance on a regular basis to protect himself from hazards such as falling.

The Veteran's service-connected left knee chondromalacia is currently rated at 10 percent. The Board found that the evidence does not support a higher rating, and denied his claims for increased ratings for left ankle, hip, and low back disorders as secondary to the service-connected left knee disability.

The Board is remanding the case for further development and consideration of the Veteran's claims, including psychiatric disability other than PTSD.

The Veteran's appeal for service connection for residuals of an adverse reaction to a typhoid vaccination has been withdrawn. The issues of entitlement to increased ratings for the right ankle disability and service connection for left carpal tunnel syndrome are remanded.

The Board denied the Veteran's claims of service connection for a bilateral knee disability, anxiety disorder, and residuals of a left ankle injury. The claim for a bilateral knee disability was previously denied due to lack of evidence of a current disability or link to service. The claims for anxiety disorder and left ankle injury were not established as they did not have inception during service.