Ankle decisions — 2010

The Veteran's appeal is being remanded for further development, including obtaining private medical records and scheduling a VA examination to assess her left ankle disability and low back strain.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims for service connection of PTSD, hepatitis C, and a right ankle disability. The claims are therefore denied.

The Veteran's claims for service connection for sensitive feet, right ankle disorder, bilateral knee disorder, weight gain, sleep disorder, and psychiatric disorder (change in character) as secondary to weight gain are all granted. The claim for service connection for hearing loss is reopened but not decided on the merits.

The Veteran's current diagnosis of arthritis in the left ankle was not incurred or aggravated by active service, and there is no presumption for such a condition. The Board found that the evidence does not support a finding of continuity of symptomatology since service.

The Veteran's service-connected disabilities, which include multiple injuries incurred in action and posttraumatic stress disorder, are found to be so disabling that they prevent him from securing or following substantially gainful employment. The Board grants a total disability rating based on individual unemployability.

The Board found no current diagnosis of a sinus disability and denied the claim. The left ankle disability is presumed to have existed prior to service but was aggravated by service.

The Veteran's chronic right ankle strain, status post ankle stabilization surgery, is attributable to service and the Board finds that it was incurred in service.

The Board denied the Veteran's claims for service connection for low back, left knee medial compartment osteoarthritis with varus alignment, and left ankle conditions due to lack of evidence linking these conditions to his military service.

The Veteran's bilateral hearing loss disability is rated at 0 percent, and the residuals of a right ankle sprain are also rated at 0 percent. Both conditions do not meet criteria for higher ratings.

The Board denied an initial evaluation in excess of 10 percent for arthritis of the left ankle, finding that the preponderance of evidence showed moderate limitation of motion and no marked limitation. The Veteran's employment as a letter carrier did not require any exceptional or unusual disability picture.

The Veteran's case is being remanded for additional development, including scheduling a hearing and obtaining medical records.

The Board has dismissed the appeal for service connection of hypolipemia due to withdrawal by the Veteran. Service connection is granted for hypertension and right ankle disability, with hypertension being found to have had its onset in service and a continuity of symptomatology post-service, while the right ankle disability is linked to an in-service injury.

The Board has found no evidence of a current right ankle sprain or sleep apnea related to service. The Veteran's claim for these conditions is denied.

The Board has granted service connection for tendonitis of the feet, finding that it is related to service. The right ankle disability claim remains pending.

The Board found no evidence to support the Veteran's claims for service connection of his low back disorder and bilateral knee and ankle arthritis, concluding that there is insufficient medical evidence linking these conditions to his military service.

The Board denied the claims for service connection for posttraumatic stress disorder and a left ankle disability due to lack of competent evidence showing current diagnoses or continuity of symptomatology since service.

The Board has granted an initial rating of 20 percent for the Veteran's service-connected left ankle sprain, status post calcaneal cuboid fracture, effective from March 25, 2008.

The Veteran's migraine headaches have been rated as 10 percent disabling since April 29, 2010.,Prior to April 29, 2010, the Veteran's right shoulder disorder status post Bankhart procedure was rated as 20 percent disabling.

The Veteran's appeal is being remanded for additional development, including obtaining service records and personnel records. The case will be readjudicated after the development.

The Board has determined that the RO's decision to terminate TDIU benefits effective June 1, 2006 was improper and restored the Veteran's TDIU rating.