Ankle decisions — 2010

The Veteran's claims for service connection for abnormal menses with intermittent anemia and fatigue, as well as her right ankle disorder, were denied. The Board found that the preexisting conditions did not meet the criteria for service connection.

The Board found that the Veteran's currently diagnosed bilateral ankle disorders were not incurred in or aggravated by active service, may not be presumed to have been incurred in service, and are not secondary to any service-connected disorder.

The Veteran is unable to secure and follow substantially gainful employment as a result of his service-connected disabilities, including low back disability, right knee disability, left knee disability, hypertension, right wrist disability, and left ankle disability. The Board finds that the evidence supports a TDIU on an extraschedular basis.

The Board has denied the Veteran's claims for service connection for various conditions, including bilateral eye disability, hearing loss, tinnitus, acquired psychiatric disorder (including bipolar and schizophrenia), and left ankle strain. The evidence does not support a finding of service connection for any of these conditions.

The Veteran's request for a computer and associated training under the provisions of Title 38, United States Code, Chapter 31 was denied as it is not considered necessary to achieve independent living.

The Board has determined that the Veteran's Charcot Marie Tooth Disease, which pre-existed service, was aggravated by his military service and is therefore service-connected.

The Veteran's left ankle sprain has been rated at 20 percent since January 4, 2005. From September 1, 2007, the VA granted a temporary total disability rating of 100 percent for his service-connected residuals of a left ankle sprain due to surgical treatment. The Veteran's condition was later rated as 30 percent disabling beginning on September 1, 2008.

The Board has dismissed the appeal due to the death of the appellant.

The Board has ordered additional development due to the lack of examination for certain disabilities and remanded the case back to the RO for further action.

The Veteran's claim for service connection for residuals of a left ankle injury, including any current varicose vein problems, phlebitis or venous insufficiency, is being remanded due to insufficient evidence and the need for further medical examination.

The Veteran's appeal has been dismissed as he accepted the disability evaluations granted by VA.

The Veteran's claims for service connection for bilateral foot drop and chronic pain in ankles and feet are denied as there is no current diagnosis of these conditions, and the existing disabilities already compensate for any additional symptoms.

The Veteran's appeal is remanded due to the need for a new VA examination and additional treatment records.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims, including obtaining medical records and arranging for a VA examination.

The Board has determined that there is no current diagnosed disability of the right knee or right ankle, and thus service connection for these disabilities cannot be established.

The Board denied the Veteran's claims for increased ratings for his service-connected residuals of a right ankle injury, right knee retropatellar pain syndrome, headaches, and neck scar. The evaluations assigned were deemed inadequate.

The Veteran's tinnitus is related to his in-service noise exposure, and service connection for this condition is granted. The Veteran's bilateral hearing loss is currently rated at 20 percent, effective May 16, 2005. Service connection for the residuals of cold injury (frozen feet) is granted. Service connection for a back disorder (residuals of spinal meningitis) and knee disorders are also granted.

The Board has remanded the case for additional development, including scheduling an orthopedic examination and addressing whether service connection can be granted on a direct or secondary basis.

The Board has remanded the veteran's claims for additional development due to incomplete verification of his periods of active duty, ACDUTRA, and INACDUTRA service. The appellant is required to provide information on when he was in these types of service.

The Board has determined that new and material evidence has not been received to reopen the claims for service connection for right knee patellofemoral syndrome, left knee injury (status post total knee replacement), right wrist myofascial strain, and status post right ankle fusion with flattened arch and foot pronation. The Veteran's current disabilities are considered to be due to natural aging and overuse of joints from past employment history.