Ankle decisions — 2010

The Veteran's bilateral hearing loss, tinnitus, and recurrent right ankle sprains are all found to be service-connected.

The Board has remanded the case for additional development to determine if any of the Veteran's claimed knee and ankle disorders are related to service or his postoperative bilateral third hammertoe disorders.

The Veteran's claims for service connection and reopening of a service connection claim are being remanded due to the need for additional VA medical records related to his left foot or left ankle disorder.

The Board found no current left leg or left ankle disability and thus denied the Veteran's claim for service connection.

The Veteran's claim for service connection for PTSD has been granted. The Board also found that the current left ankle disorder is not related to his period of active service, but it may have been caused by a pre-existing condition aggravated by his service-connected right distal fibula fracture.

The Board has denied the Veteran's claims for service connection for various conditions, including prostate cancer, bilateral elbow disabilities, DJD of hips and knees/ankles, plantar calcaneal spur, low back disability, loss of teeth, and bilateral hearing loss. The evidence does not support a finding that these conditions are related to military service.

The VA denied the Veteran's claim for a higher rating for his post-operative left ankle sprain, finding that the disability did not meet the criteria for a higher evaluation.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence of a bilateral ankle disorder in service or due to the service-connected knee disabilities, and did not find that the right knee osteoporosis and chondrocalcinosis was manifested by more than slight recurrent subluxation or lateral instability.

The Veteran's TDIU claim was granted effective May 31, 2006, due to her service-connected disabilities meeting the regulatory requirements for TDIU. Her combined rating at that time was 80 percent.

The Board has reopened the claim of service connection for residuals of a right ankle injury, but finds that there is no evidence to support this claim and denies it.

The Board finds that the medical evidence is at least in equipoise as to whether the service-connected right hip and right knee disabilities cause an aggravation of the Veteran's claimed bilateral foot and ankle disabilities, warranting service connection on a secondary basis.

The Veteran's low back disability is found to be related to his active service, and he is granted service connection for this condition. His bilateral knee and ankle disabilities are not found to be related to his active service.

The Board denied the Veteran's claim of service connection for a right ankle disorder in November 1986, finding that it was not incurred during service or within one year of separation. The decision is final and new and material evidence has not been submitted to reopen the claim.

The Veteran withdrew his appeals concerning the claims of arthritis, strength issues, and other conditions. The claim for hypertension was previously denied but new evidence has been submitted to reopen it.

The Board has denied the Veteran's claim for service connection for low back, bilateral hips, bilateral knees, legs, and ankles as there is no competent medical evidence showing a nexus between these conditions and active service.

The Board has granted service connection for torn ligaments of the left lower extremity, including as secondary to a service-connected left ankle disability. The claim for right leg and ankle disorders is remanded for further development.

The Board has determined that the Veteran does not have current diagnoses of left shoulder, ankle, or right shoulder disorders. As such, service connection for these conditions is denied.

The Board has determined that the Veteran does not have a right knee or right ankle disability that is attributable to his active military service and therefore denied both claims for service connection.

The Veteran's left ankle disability was rated at 20 percent from September 1, 2006 to September 12, 2007 and increased to 30 percent subsequent to December 1, 2007. He is also entitled to a separate 10 percent rating for his residual scars.

The Board is remanding the case for compliance with the terms of the Joint Motion, including providing VCAA notice to address the bases of prior denial of claims in September 1974 and the evidentiary requirements to reopen those claims on both direct and secondary bases.