Ankle decisions — 2011

The Board denied extraschedular evaluations for the Veteran's bilateral ankle disability, finding that his symptomatology is contemplated by the schedular criteria.

The Board found that there is no evidence to support a direct service connection for the Veteran's right knee and ankle disabilities, nor can they be linked as secondary to his service-connected left knee osteoarthritis. The claims were therefore denied.

The Board dismissed the motion for revision of a decision based on clear and unmistakable error (CUE) because the moving party failed to adequately set forth the alleged errors in the August 6, 1973 Board decision.

The Board has determined that a new VA examination is needed to evaluate the Veteran's service-connected right ankle shrapnel wound, as it may have worsened since the last examination. The Veteran also needs to provide any outstanding medical records and respond to a request for information from the RO.

The Veteran's claims for service connection are being remanded due to the need for a VA examination and additional development of his medical records.

The Veteran's claimed conditions are not service-connected as they were not shown during his active duty service from 1963 to 1966, and there is no evidence of their onset or aggravation due to such service. The disorders are more likely related to the Veteran's National Guard service.

The Board has determined that the Veteran's multi-joint arthritis involving multiple joints, including right knee, right ankle, right hip, left hip, cervical spine, and lumbosacral spine is related to service. Service connection for these conditions is granted.

The Board has remanded the claims for service connection due to inadequate VA examinations, and additional evaluations are needed to determine if the Veteran's hearing loss, tinnitus, or left ankle disorder is related to his military service.

The Board found that there is no current diagnosis of bilateral hip disability and denied the Veteran's claim for service connection. The left ankle issue was remanded due to lack of a VA examination.

The Board has granted service connection for a left hand disorder secondary to residuals of a right ankle sprain with post-traumatic arthritis, but denied service connection for a left shoulder disorder on the same basis.

The Veteran's service-connected disabilities do not meet the schedular percentage standards for a total disability rating based on individual unemployability. The case is being remanded to consider whether an extraschedular rating is warranted.

The Board has remanded the case for further development and reconsideration of the overpayment issue, as well as consideration of service connection claims. The Veteran's request for waiver of recovery of the assessed overpayment will be reconsidered based on the validity of the debt.

The Board found no current diagnosis of a right knee or bilateral wrist disability, thus denying service connection for these conditions.,However, the Veteran was granted service connection for his right ankle disability, which is linked to an injury sustained during basic training.

The Veteran's tinnitus and left ankle osteoarthritis have been assigned the maximum schedular ratings available. The RO denied increased rating claims for these conditions.

The Veteran is in need of regular aid and attendance due to his service-connected conditions, including PTSD with dysthymic disorder, dumping syndrome, and other disabilities. The Board has granted special monthly compensation based on the need for aid and attendance.

The Board found that the Veteran does not have a right or left ankle disability that is service-connected. The reduction of his piriformis and scalenus anticus syndrome rating was improper due to inadequate examination.

The Veteran's right ankle disability has been rated as 10 percent since March 11, 2004. The claim for service connection of the lumbar spine, left knee and right knee disabilities was denied.

The Veteran's claims for service connection of bilateral foot and ankle disabilities, as well as diabetes mellitus secondary to these conditions, are being remanded due to the need for additional development including VA examinations.

The Board has granted service connection for pes planus and a right ankle disability, finding that new and material evidence was submitted to reopen these claims. The Veteran's right ankle disability is found to be related to his military service.