Ankle decisions — 2010

The Board has determined that the Veteran's posttraumatic stress disorder and chronic residuals of a left ankle injury are service-connected. The Veteran reported multiple traumatic events during her military service, including sexual assaults and difficult labor and delivery, which led to her current mental health conditions.

The Board found that the Veteran's service-connected conditions did not cause or contribute substantially to his death. The appellant argued that her husband’s service-connected cancer was the cause of his death, but the evidence does not support this claim.

The Board has determined that the Veteran does not have any hip, ankle, or knee disabilities that are related to his military service.

The Veteran's service-connected disabilities, including diabetes mellitus and its complications, degenerative joint disease of the ankles, peripheral neuropathy, osteoarthritis of the shoulders, and hypertension, render him unable to secure or follow a substantially gainful occupation.

The Veteran's claims for higher initial evaluations and increased ratings for his service-connected meralgia paresthetica and right ankle fracture residuals were denied. The evidence did not support a finding of severe to complete paralysis or marked limitation of motion, respectively.

The Board has granted service connection for the Veteran's left ear hearing loss disability but denied service connection for his right ear hearing loss and left ankle disabilities. The Veteran's left ear hearing loss is considered to have been incurred in active service, while his right ear hearing loss does not meet the criteria for presumptive service connection due to lack of evidence showing onset within one year post-service separation. The left ankle disability has not been established as a current condition.

The Veteran's claim for TDIU was granted effective November 1, 2004, the date of his service connection for a psychiatric disability. The effective date for the grant of TDIU is set at this time as it meets the threshold requirements for a schedular TDIU.

The Board finds that the Veteran had an in-service injury to his left ankle, which resulted in chronic symptoms and a diagnosis of incompetence of the lateral complex. The claim is granted as service connection for a left ankle disorder is warranted.

The Board has granted the Veteran's claims for service connection for her bilateral hip disorder, bilateral ankle disorder, and left knee disorder. The effective date of these grants is not specified in the decision.

The Veteran's right ankle disability was granted a 20 percent rating effective March 2, 2004. The appeal for higher ratings prior to that date is denied.

The Board has determined that hypertension was incurred in service and granted the Veteran's claim for service connection.

The Veteran's claims for increased ratings and service connection were denied. The initial noncompensable rating assigned for scar tissue of the left foot is upheld, as the evidence does not show any limitation of function or instability.

The Board denied the Veteran's claims for service connection for various conditions, including bilateral knee condition, left ear hearing loss, and left ankle condition. The lumbar stenosis and thoracic myelopathy were also considered but not granted.

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and verifying her periods of active duty. The claims for depression, diabetes mellitus, a chronic condition to account for right ankle pain, and degenerative arthritis of the right foot are also being referred for further review.

The Veteran's left ankle disability has been rated at 20 percent since the award of service connection in January 2006.,PTSD was initially rated at 10 percent prior to June 26, 2008 and then increased to 30 percent from June 26, 2008 to January 15, 2010. The Veteran is now rated at 70 percent for PTSD with alcohol dependence.,PTSD was not rated higher prior to June 26, 2008 due to the absence of occupational and social impairment.

The Board denied the Veteran's claims for service connection for left ankle, bilateral knee, and left hip disabilities due to a lack of evidence linking these conditions to his military service.

The Board has determined that there is no current right ankle or right foot disability and thus cannot grant service connection for these conditions.

The Veteran's left ankle condition is currently evaluated at 20 percent, the maximum available under Diagnostic Code 5271 for limitation of motion of the ankle. The claim for an increased evaluation for his left foot disability was not addressed in this decision.

The Board found that the Veteran's current right ankle disability is not etiologically related to his service and thus denied his claim for service connection.

The Board has granted service connection for low back disability and right ankle disability, finding that the Veteran's current conditions are related to his active service. The claim for a higher rating for left knee disability is limited due to withdrawal of the appeal.