Ankle decisions — 2011

The Board denied the Veteran's claims for service connection for various conditions, including left ear hearing loss, left knee disorder, right knee disorder, and right ankle disorder. The decision also denied higher initial disability ratings for his service-connected right shoulder disability, tinnitus, and bilateral hearing loss.

The Board found that the Veteran's current left ankle disability did not have onset during active service and is not otherwise etiologically related to his active service, thus denying his claim for service connection.

The Board has remanded the case due to the need for additional medical records and a clarification of the relationship between the Veteran's service-connected arthritis and his death from pulmonary fibrosis.

The Board finds that the Veteran's unauthorized medical expenses at Mitchell County Hospital in October 2009 meet the criteria for reimbursement due to a service-connected disability, an emergency medical condition, and non-feasibility of VA facilities.

The Board found that the appellant's current right ankle disability, including residuals of a right fibula fracture and arthritis, was not incurred in or aggravated by service.

The Veteran's right ankle sprain with degenerative joint disease has only been shown to have moderate range of motion, without marked limitation. Ankylosis or other severe conditions were not demonstrated.

The Veteran's tinnitus is service-connected, but the residuals of his left ankle injury remain in dispute. The Board has determined that a remand is necessary to obtain clarification on whether he has any current foot or ankle disability related to his service.

The Board has granted service connection for residuals of a right foot/ankle fracture and a disability of the lumbar spine, both secondary to service-connected bronchial asthma. The Veteran's current rating for his service-connected bronchial asthma is 30 percent.

The Veteran's diagnosed bilateral shoulder, right knee, and bilateral ankle disabilities have not been shown to be related to service or Agent Orange exposure.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining medical records and a VA examination to determine if he has hypertension secondary to his service-connected disorders. The RO/AMC will also ensure that an SOC is issued on the issue of left knee laxity.

The Veteran's service-connected disabilities render him unable to obtain and retain substantially gainful employment, warranting a TDIU.

The Board has determined that there is no current diagnosis of a service-connected left ankle disability, and thus the claim for service connection is denied.

The Board found that the Veteran's left ankle disability, with additional limitation of motion due to pain and antalgic gait, more nearly approximated marked limited motion of the left ankle. Therefore, a 20 percent rating is granted for the entire period on appeal.

The Board has found that traumatic arthritis of the right foot, status post motor vehicle accident, did not pre-exist service and was not aggravated by service. Therefore, it is not presumed to have been incurred in or aggravated by service.

The Board has granted service connection for bilateral knee and ankle disorders, finding that the Veteran's current conditions are at least as likely as not related to his active military service. The effective date is not applicable in this case.

The Board denied the Veteran's claims for service connection for an upper back disorder, left ankle disorder, and left thigh disorder due to a lack of competent evidence linking these conditions to his active duty service.

The Veteran's post-traumatic arthritis of the left ankle is currently rated at 10 percent, which is the maximum schedular rating available under Diagnostic Code 5271. The VA examiners found moderate limitation of motion but no evidence of marked limitation.

The Veteran's claimed conditions, including pain of the knees, ankles, feet, hands (including fingers), chronic fatigue, upper respiratory symptoms, and headaches, are not service-connected due to lack of evidence showing their onset during active duty or being attributable to a known clinical diagnosis.

The Veteran's left ankle sprain was rated at 20 percent since September 1, 2010. The penile condyle is currently rated as noncompensable but has been granted a compensable rating.

The Board found that the Veteran's left ankle strain, manifested by limited motion and tenderness, does not warrant a higher disability rating than the current 10 percent assigned.