Ankle decisions — 2010

The Board has reopened the Veteran's claims of entitlement to service connection for a low back disability, right ankle disability, bilateral knee disabilities, and hypertension. The evidence received since the August 2000 rating decision is new and material with respect to these issues.

The Board denied the Veteran's claims for service connection for hearing loss, back injury, tinnitus, tension headaches, and swelling of legs, ankles, and feet. The evidence submitted did not meet the criteria to reopen any previously denied claims.

The Veteran's current right ankle disability, diagnosed as degenerative joint disease, was incurred during his military service and is therefore granted service connection.

The Board has determined that the Veteran's degenerative joint disease of the right ankle is related to his period of service and grants the claim for service connection.

The Board found that the appellant's current left foot and ankle disability, as well as his lower back disorder, are related to an in-service fall from a guard tower. The Board granted service connection for these conditions.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, even though they do not result in a combined 100 percent schedular evaluation.

The Board denied service connection for a left ankle disability and a low back disability, finding no evidence of current disabilities related to service or the in-service injuries.

The Board has granted the Veteran's claim for service connection for tinnitus, finding that it was incurred in active service. The issue of service connection for a bilateral foot/ankle disorder is remanded due to insufficient evidence.

The Board denied reopening the claim for service connection of a low back condition and denied an evaluation in excess of 10% for left ankle sprain. The effective date for the current 10% evaluation was not earlier than December 21, 2006.

The Board has determined that the Veteran's current left knee and right ankle disorders are linked to his active service, including parachute jumps during jump school.

The Board has determined that the Veteran's request for a waiver of overpayment was timely filed, and therefore grants this issue.

The Veteran's claims for increased ratings for her lumbar spine disability, posterior tendonitis of the left ankle, and rupture of the right Achilles' tendon were denied. The maximum schedular rating available for these conditions was already assigned.

The Veteran's combined rating for service-connected disabilities was 50 percent before August 22, 2006, which did not meet the minimum schedular requirements for a total disability rating for compensation based on individual unemployability. The case is REMANDED to consider an extraschedular rating.

The Board has determined that the Veteran's edema of the feet and ankles is service-connected as secondary to his service-connected diabetes mellitus, type II.

The Board has determined that the Veteran's claims of service connection for right and left shoulder disabilities are denied as there is no evidence showing a current disability was incurred or aggravated by active service.

The Board has determined that the Veteran does not have current diagnoses of right ankle or wrist disorders, and thus service connection cannot be granted for these conditions. The claim for sinusitis is also denied.

The Board has granted a 20 percent rating for the Veteran's right ankle condition as of March 17, 2009. The initial noncompensable ratings assigned in June 2004 have been increased to reflect this change.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private medical records, a new orthopedic examination, and corrective VCAA notice regarding the sinusitis claim.

The Board has granted service connection for a right ankle disability, cervical spine disability, right shoulder disability, and left shoulder disability.

The Board has determined that the Veteran's claims for service connection for left and right ankle disorders, as well as left and right knee disorders, are denied. The evidence does not support a finding of in-service injury or disease related to these conditions.