Ankle decisions — 2011

The Veteran's appeal is being remanded to obtain additional service treatment records and to request in-patient clinical records from the US Army Hospital in Fort Carson and Landstuhl Hospital. The AOJ will then readjudicate his claims based on the updated evidence.

The Board has granted service connection for tinnitus, but denied the Veteran's claims for bilateral hearing loss, low back condition, bilateral ankle condition, and bilateral Achilles tendon condition. The Veteran's claim for an increased rating for PTSD is also addressed in this decision.

The Veteran's appeal is remanded for additional development, including obtaining VA outpatient treatment records and scheduling an orthopedic examination to assess the current severity of her left knee and left ankle disabilities.

The Board has denied the Veteran's claims for service connection for a hernia, residuals of a right arm/wrist injury (including carpal tunnel syndrome and DJD), and residuals of a right ankle injury. The evidence does not support a finding that any current disabilities are related to service.

The Veteran's right ankle strain with fifth metatarsal fracture has resulted in a disability that equates to marked limitation of motion, but ankylosis of the right ankle has not been shown. The pain from the healed fifth metatarsal fracture does not cause functional debility equivalent to moderate foot injury.

The Veteran's claims for increased ratings for his left ankle disability, scar, and numbness of the peroneal nerve have been denied as there is no evidence of marked limitation of motion or other factors warranting a higher rating.

The Board has reopened the claim for service connection for coronary artery disease but denied all other claims due to lack of current diagnoses and insufficient evidence.

The Board has determined that the Veteran's claims for service connection for bilateral hearing loss, a left leg or knee condition, and a left foot or ankle condition are not supported by the evidence of record.

The Veteran's service-connected PTSD does not meet the threshold requirements for a TDIU rating as his combined disability rating is less than 70%. The Board finds that he is not unemployable due to his service-connected disabilities, primarily his PTSD.

The Board has determined that the Veteran's service-connected disabilities render him so helpless as to require regular assistance of another person, meeting the criteria for SMC based on need for aid and attendance.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at John Archbold Memorial Hospital on May 30, 2008 is denied because a VA facility was feasibly available to treat his right knee and ankle pain within five days.

The Board determined that the Veteran's right ankle disability does not warrant a rating in excess of 20 percent, and his claim for TDIU was also denied as there is no evidence of ankylosis or other exceptional circumstances.

The Veteran's service-connected disabilities, including traumatic arthritis of the lumbar spine and right knee, residuals status post pilon fracture with open reduction and retained hardware, right tibia, ankle, and a fracture of the left femur, render him physically helpless in performing activities of daily living or protecting himself from everyday hazards.,The Veteran's service-connected disabilities have rendered him so helpless that he requires regular aid and attendance.

The Veteran's disability rating for shell fragment wound of the right foot and ankle is granted at a 40 percent level, with an additional 10 percent for shortening of the right lower extremity. The claim for SMC based on loss of use of the right foot is also granted.

The Veteran seeks to reopen his claims for service connection for various conditions, including left ankle disorder, headaches, back disorder, depression, bilateral foot disorder, obstructive sleep apnea, and hypertension. The RO previously denied these claims in January 2003 due to lack of evidence linking the conditions to service or showing current diagnoses.

The Veteran's claims for increased ratings are being remanded to allow for further examination and consideration of his service-connected disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for a VA examination to assess his PTSD severity and its impact on employment.

The Veteran's initial disability ratings for left wrist sprain, left ankle sprain, and left knee patellar fracture have been denied as the evidence does not support a higher rating based on current functional impairment.

The Board has reopened the Veteran's claims for service connection for skin disorders of the right foot, ankle, knee, hip, and spine. However, it is unclear whether these conditions are directly related to military service or secondary to a pre-existing condition.

The Board has determined that the Veteran's bilateral foot, ankle, knee, and low back disorders are not related to his military service. The evidence does not show a connection between these conditions and his active duty.