Ankle decisions — 2011

The Board denied the Veteran's application to reopen his claim of service connection for a left ankle disability, finding that no new and material evidence had been received.

The Board has remanded the case for further development due to inadequate examination and consideration of private treatment records from 1976-1978.

The Veteran's claim for an earlier effective date for a 20% disability evaluation for his service-connected right ankle fracture residuals is denied. The Board found that the evidence did not show entitlement to such an earlier effective date.

The Board found no evidence of more than moderate limitation of motion in the left ankle, and thus denied an increased rating beyond the current 10% assigned for service-connected left ankle strain.

The Veteran's claim for financial assistance in the purchase of an automobile and adaptive equipment or adaptive equipment only is being remanded due to the need for additional VA examinations, updated medical records, and further development.

The Veteran's claims for service connection for left knee, left ankle, bilateral wrist conditions, and an acquired psychiatric disorder were denied. The Board found no evidence of current disabilities or in-service events that could be linked to these conditions.

The Veteran's service-connected right ankle strain, left ankle strain, and right knee strain were evaluated as zero percent disabling in each ankle prior to June 12, 2008. Effective June 12, 2008, the Veteran was assigned a 10 percent rating for each of these conditions.,The VA examinations conducted on June 12, 2008, showed that the Veteran's service-connected right ankle strain and left ankle strain were manifested by painful moderate limitation of motion. The right knee strain was manifested by complaints of painful motion and slightly limited knee flexion.

The Veteran seeks service connection for bone cancer, a heart disorder, and right knee and ankle disorders that he asserts are due to his service-connected residuals of left knee and ankle injuries. The case is being remanded for further development including obtaining medical records and VA examinations.

The Veteran has been found to have permanent and total disability due to the loss or loss of use of his lower extremities, which precludes locomotion without the aid of a wheelchair. Therefore, he is entitled to specially adapted housing.

The Veteran's service-connected disabilities, which include headaches, scarring from a motor vehicle accident, and other conditions, have rendered him unable to secure or follow substantially gainful employment. The Board has determined that he meets the criteria for a TDIU based on his combined disability rating of 80 percent.

The Veteran's claim for an increased rating for his left ankle disorder has been denied as the evidence does not meet the criteria for a higher evaluation.

The Board has remanded the case for a video-conference hearing and further review of the claims.

The Veteran's appeal is being remanded for further development and examination to address the claims of service connection for various disabilities, including PTSD based on in-service personal assault. The VA will obtain relevant medical records from SSA and schedule examinations to determine if any current psychiatric or neurological conditions are related to service.

The Board found that the Veteran's right plantar calcaneal spur with plantar fasciitis is related to his active service, granting service connection for this condition. The Board also determined that there was no evidence linking the left ankle osteoarthritis and right Achilles tendonitis to his in-service parachute jumps.

The Board found that the Veteran's current left knee and left ankle disabilities are not related to his military service, as there is no evidence of a nexus between his in-service injury and his current conditions.

The Veteran seeks service connection for bilateral foot/ankle disabilities. The VA examination report is inadequate, and the case is REMANDED to obtain a medical opinion addressing whether any pre-existing foot and/or ankle disability existed prior to service and was aggravated by it.

The Veteran's left ankle instability is rated at 10 percent, but the Board found that it does not meet the criteria for a higher rating.

The Veteran's claims for service connection were denied as there was no evidence of the claimed conditions during or since service, and they are not related to his active duty.

The Veteran's claim for an increased rating for his service-connected left ankle disorder is being remanded due to the need for a new VA examination and consideration of higher DCs.

The Board finds that the appellant's radiculopathy of the left lower extremity has resulted in weakness and numbness with occasional, partial left foot drop tantamount to no worse than moderate incomplete paralysis of the sciatic nerve. Therefore, an initial evaluation in excess of 20 percent is not warranted.