Ankle decisions — 2010

The Veteran's claim for service connection of a right ankle disorder and an acquired psychiatric disorder (schizophrenia) was denied. His claim for increased rating for chronic lumbar muscular tear was also denied.

The Veteran's appeal is remanded for further development, including scheduling a VA examination and considering the use of diagnostic code 5310.

The Board has determined that the effective date for service connection of the right ankle surgical scar disability is September 28, 2001.

The Veteran's claim for an earlier effective date for a 10 percent rating for his service-connected right ankle sprain is denied as the evidence does not show that he was entitled to such a rating prior to July 23, 2008.

The Veteran's appeal was dismissed due to his death. His claims for various disabilities and compensation under 38 U.S.C.A. § 1151 are not before the Board.

The Veteran's impotence is found to be secondary to his service-connected lumbar spine disorder. He also meets the criteria for SMC based on loss of use of a creative organ due to his impotence. The right ankle peroneal tendinitis remains rated at 20 percent.

The Board denied increased ratings for service-connected right ankle injury and laceration of the right first finger.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine if the Veteran's right knee disability is related to his period of active service or if it was caused by his service-connected right ankle disability.

The Board has dismissed the Veteran's appeal for service connection of a left shoulder disorder. The right ankle disorder is granted as incurred in active military service.

The Board denied the Veteran's claims for service connection for a right ankle strain, PTSD, and degenerative disc disease at L5-S1 level. The Veteran was also denied a compensable rating for an appendectomy scar.

The Veteran's claims for increased ratings for bilateral pes planus, calcaneal spurs of the left and right ankles are being remanded due to the need to obtain additional private treatment records.

The Veteran's service-connected disabilities are not shown to be productive of a disability picture that precludes him from securing and following some form of substantially gainful employment.

The Veteran's gout of the knees, right ankle, and right wrist was not productive of a definite impairment of health objectively supported by examination findings or incapacitating exacerbations occurring three or more times a year from September 27, 2002 to January 27, 2005. Therefore, his claim for an evaluation in excess of 20 percent is denied.

The Veteran's PTSD was found to be incurred in service, resolving all doubts in his favor.

The Veteran's claims for service connection and a higher rating for hypertension are being remanded due to the need for additional medical examinations and records.

The Veteran's appeal for service connection for bilateral hearing loss, a right ankle disability, and a bilateral shoulder disability was denied. The Board found that the Veteran does not have these conditions due to his service.

The Board has determined that the Veteran does not have a current right ankle disability, and his hearing loss of the left ear and tinnitus are not service-connected. The claims for these conditions were denied as there is no evidence of in-service injury or disease.

The Board denied the Veteran's claims for higher initial evaluations for his service-connected low back strain, left ankle strain, right ankle strain, residuals of myocardial infarction, and adjustment disorder with mixed emotional features. The current ratings are found to be appropriate based on the evidence provided.

The Veteran's appeal is being remanded to the RO for further development, including obtaining additional medical records and scheduling a VA examination. The issues of higher evaluations for his service-connected knee, ankle, and bicep disabilities are pending.

The Board found that the appellant's residuals of a left ankle sprain and broken leg are not related to his period of active duty for training, thus denying service connection.