Ankle decisions — 2010

The Veteran's claim for a higher initial rating for right ankle instability with post-traumatic arthritis is being remanded due to the need to obtain x-ray reports and radiologist notes from a March 2006 VA examination.

The Veteran's claims for increased ratings for TMJ syndrome, traumatic arthritis of the right and left ankles, and loss of multiple teeth were denied. The Board found that the evidence did not support a higher rating under any applicable diagnostic codes.

The Veteran's appeal was dismissed due to his withdrawal of the appeals for left ankle sprain with instability and mechanical low back pain. The claim for increased evaluation for migraine headaches is denied as they do not meet the criteria for a higher rating, but are currently rated at 30 percent. The claim for an initial evaluation in excess of 70 percent for PTSD remains pending.

The Board has determined that further development is necessary before deciding the claims of service connection for various ankle and knee injuries, as well as generalized arthritis. The dates of any Active Duty Training (ACDUTRA) and Indefinite Non-Active Duty Training (INACDUTRA) are not of record.

The Board denied service connection for various conditions, including back problems, a left leg condition, bilateral ankle condition, right shoulder condition, high blood pressure due to herbicide exposure, and an ulcer. The decision is not considered clear and unmistakable error.

The Veteran's residuals of a Muscle Group XI injury, including right ankle loss of motion and compartmental syndrome, were initially evaluated as 20 percent disabling from September 13, 2002 until June 26, 2007. After that period, the disability was re-evaluated to 30 percent disabling. The Board found no evidence supporting a higher evaluation based on muscle or neurological symptoms.

The Board denied service connection for residuals of a right knee injury, residuals of a right ankle strain, and bilateral hearing loss. The remaining issues are pending further development.

The Board has determined that the Veteran's current right ankle disability is not related to his service, and thus denied his claim for service connection.

The Veteran's service-connected disabilities, including severe back pain and limited mobility, have rendered him unable to secure or follow a substantially gainful occupation. The Board has determined that the criteria for a TDIU rating are met.

The Board denied the Veteran's claim for a total and permanent disability rating for pension purposes in July 1991, finding that his leg, knee, ankle, and back pain were not of sufficient severity to prevent him from engaging in a substantially gainful occupation. The Veteran argues that he was entitled to such a rating due to an automobile accident and gunshot wound.

The Veteran's left ankle disability was rated at 10 percent, effective February 1, 2005. The Board found that the evidence did not support a higher rating for any portion of the appeal period.

The Board denied the Veteran's claims for service connection for PTSD, residuals of a left ankle sprain, bilateral hearing loss, and tinnitus. The issues were not remanded for further development.

The Board has remanded the Veteran's claims due to the need for further development, including obtaining additional medical records and scheduling a VA examination.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims of service connection for a right ankle condition and a history of recurrent left ankle sprain.

The Veteran's appeal is being remanded due to the need for a personal hearing before a Veterans Law Judge.

The Veteran's claim for payment or reimbursement of medical services provided by Halifax Hospital on April 14, 2006 was denied because the services were not a medical emergency and prior authorization was not obtained.

The Board has remanded the case for further development due to new evidence received since the February 2007 VA examination.

The Board found that the Veteran's current left ankle disability is not service-connected, as there was no evidence of a pre-existing condition aggravated by service or incurred during active duty.

The Board is remanding the claims to the RO for further development and readjudication, including providing additional notice and scheduling VA compensation examinations.

The Veteran's claims for increased ratings and service connection were denied. The appeal is not about service connection at all.