Ankle decisions — 2010

The Veteran's service-connected right and left ankle sprains have resulted in moderate limitation of motion, pain, and instability. The criteria for a disability rating in excess of 10 percent for recurrent right and left ankle sprains have not been met.

The Veteran's claims for frozen feet, residuals; arthritis (unrelated to bilateral knees or left ankle or foot); and right knee mild osteoarthritis were denied. The claim for a left ankle disability was granted as service connection is possible.

The Veteran's claims for service connection and nonservice-connected pension benefits were denied. The denial of pension benefits is based on the lack of active duty during a period of war, while the denial of service connection is due to insufficient evidence.

The Veteran's claims for earlier effective dates for the award of service connection and a compensable evaluation for his right ankle disability have been dismissed as they were not filed within the required time frames.

The Veteran's claims for increased ratings for his right ankle, right knee, and lumbar spine disabilities have been denied as there is no evidence of marked limitation of motion or instability in the joints that would warrant a higher rating.

The Veteran's claim for an initial evaluation in excess of 10 percent for residuals of a left knee injury, postoperative was denied. The claims for service connection for residuals of a broken right ankle and arthritis of the low back were also denied as secondary to the service-connected residuals of a left knee injury, postoperative.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence of current left wrist, cardiovascular/chest, or bilateral ankle conditions. Service connection was not granted due to lack of medical evidence supporting the claimed conditions.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and conducting examinations to assess the severity of his service-connected disabilities and determine whether any claimed conditions are related to service.

The Veteran's claim for service connection for a heart disability is still pending. The left ankle disability claim was previously denied and remains closed.

The Board has determined that the Veteran does not have any chronic residuals of concussion, bruised rib, hyperextension of the right knee, right ankle sprain, right small toe fracture, right broken collarbone/right shoulder disorder, right hip injury, cold weather injury to hands, or fractured nose. The claims are denied as there is no evidence linking these conditions to service.

The Board has granted a disability rating of 20 percent for the Veteran's right ankle disability as of June 8, 2009. The left ankle disability remains at a 10 percent rating.

The Veteran's tinnitus is related to his military service and the Board has granted service connection for this condition. The claims of service connection for bilateral hearing loss, flat feet, ankle pain, low back pain, and headaches are remanded due to incomplete information regarding active duty periods.

The Board found that the Veteran had a current bilateral ankle disability and granted service connection for this condition. The other issues of hearing loss and tinnitus were not addressed in this decision.

The Veteran's service connection for multiple disabilities, including PTSD and hearing loss, was granted effective June 13, 2008. The effective date is based on the receipt of his VA Form 21-526 application in June 2008.

The Veteran's claim for an earlier effective date for frostbite service connection is denied as the RO has already assigned the earliest possible effective date provided by law.

The Board has determined that the Veteran does not have a current diagnosis for any of his claimed disabilities and therefore, service connection cannot be granted.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA and private treatment records, scheduling a VA examination to assess the severity of his service-connected foot disabilities, and determining whether he is unemployable due to his service-connected conditions.

The Veteran's claims for increased rating and service connection are being remanded due to the need for additional examinations and development of records.

The Board is remanding the Veteran's claims for service connection due to missing inpatient treatment records from his period of service.

The Veteran's bilateral pes planus, left ankle osteoarthritis, and anxiety disorder have been granted initial ratings of 10%, 20%, and 10% respectively. The Veteran's bilateral pes planus is rated at 30%. The Veteran's left ankle disability is rated at 20%. The Veteran's anxiety disorder remains at a 10% rating.