Ankle decisions — 2010

The Veteran's service-connected right shoulder, hip, and knee disorders have resulted in significant limitations that require regular aid and attendance. The Board finds the Veteran meets the criteria for special monthly compensation based on need for aid and attendance.

The Board has reopened the Veteran's claim for service connection due to new and material evidence. However, it is determined that her current right ankle disorder did not permanently worsen during military service, and thus she cannot establish service connection.

The Board denied the Veteran's claims for service connection for various conditions, finding that none of these conditions were incurred or aggravated by service and not proximately due to a service-connected disability.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling VA examinations to assess the severity of his left ankle disabilities. The TDIU claim will also be adjudicated.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is being remanded due to the need to obtain informed consent documents from his surgeries and review of the additional evidence submitted by the Veteran.

The Veteran's appeal is being remanded to obtain additional medical records and provide a VA examination for his left ankle disability and hemorrhoids.

The Board has denied the Veteran's claims for service connection for a back disorder, right ankle disability, and numbness of the fingers. The evidence does not support a finding that any of these conditions were incurred or aggravated by service.

The Veteran's service-connected left shoulder, cervical spine, and ankle disabilities have been rated appropriately. The initial disability ratings for the left shoulder and right upper extremity are granted at 10 percent each, while the ankle disability remains noncompensable.

The Veteran's right ankle disability was granted a 30 percent rating effective October 26, 2004. Service connection for left varicocele was granted and assigned a noncompensable evaluation.

The Veteran's claims for increased evaluations of left ankle instability, right heel plantar fasciitis, and recurrent urinary tract infections were denied as the evidence did not show marked limitation of motion or other significant impairment warranting a higher evaluation.

The Veteran's claims for increased evaluations for bilateral pes planus, limited motion of the left ankle, and limited motion of the right ankle were denied by the Board. The RO had previously granted service connection for these conditions but did not provide ratings in excess of those assigned.

The Board has determined that the Veteran's right ankle disorder was likely aggravated by his service-connected left ankle disability, and thus grants service connection for this condition.

The Board has remanded the case for further development, including a VA examination to determine if the Veteran's right and left ankle disabilities are related to his service-connected conditions or had their onset in service. The claims of secondary service connection will also be considered.

The Board has granted service connection for the Veteran's right knee disorder, left knee disorder, left foot/ankle disorder, lower back disorder, and GERD as secondary to his service-connected right foot/ankle disorder.

The Veteran's claims for service connection and increased ratings are denied. The Veteran has been granted service connection for tinnitus, but the maximum disability rating is already assigned.

The Veteran's claims for service connection for bilateral ankle and knee disabilities are being remanded due to the need for a VA examination, as well as the need to obtain additional medical records.

The Veteran's claims for service connection for right shoulder pain, right hand pain, and low back pain were denied as there was no current disability. The claim of service connection for a right ankle disability is pending.

Throughout the rating period on appeal, the Veteran's right ankle disability has not been manifested by marked or moderate limitation of motion, painful motion, or pain, weakness, fatigue, lack of endurance or incoordination on repetitive motion. There is no x-ray evidence of arthritis of the right ankle.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for complications from a left femoral bypass graft performed at VA in May and July 2004. The case has been remanded to obtain informed consent records, review the medical records, and determine if any additional disability was caused by VA treatment.

The Board has denied the Veteran's claims for initial compensable ratings for his right foot arch strain, right ankle strain, and right knee strain. The criteria do not meet the requirements for a higher rating under any applicable diagnostic codes.