Ankle decisions — 2011

The Board has determined that the Veteran's current umbilical hernia is not related to his service and therefore denied his claim for service connection.

The Board has reopened the Veteran's claims for service connection, but did not make a final determination on whether these conditions are related to his military service.

The Board has determined that the Veteran does not currently have a bilateral shoulder disorder, bilateral ankle disorder, or low back disorder for VA compensation purposes. Therefore, service connection for these conditions cannot be granted.

The Veteran's claims for arthritis, a chronic disability associated with herbicide exposure, and a left leg disability were denied as there is no evidence of such conditions during service or within the applicable presumptive period. The Board found that the Veteran did not engage in combat and thus 38 U.S.C.A. § 1154(b) does not apply.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling VA examinations to determine the nature and etiology of her claimed bilateral knee disorder, right ankle/foot disorder, and blood disorder.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for a left ankle condition, but finds no credible evidence linking his current condition to service.

The Veteran's left ankle disability is found to be service-connected. The right wrist, forearm, and knee disabilities are not addressed as the Veteran withdrew his appeal for these issues.

The Board has denied the Veteran's claims for service connection for residuals of a left fifth toe fracture, degenerative joint disease of the right knee, and left ankle strain as secondary to her service-connected right ankle disability. The evidence did not show that these conditions were incurred in or aggravated by active service.

The Board has determined that additional development is needed to locate the appellant's service treatment records and obtain relevant Social Security Administration (SSA) records. The case will be remanded for these purposes.

The Veteran's claims for increased evaluations and TDIU have been denied as the necessary examinations were not conducted due to the Veteran's failure to report.

The Board denied the Veteran's petitions to reopen her claims for service connection for left shoulder and right ankle disabilities, finding no new and material evidence. The VA treatment records provided since July 2002 do not relate to an unestablished fact necessary to substantiate the claims.

The Veteran has withdrawn her appeal, and the case is dismissed.

The Board has determined that the Veteran's lumbar spine disability is service-connected, but her knee and ankle disabilities are not. The evidence does not support a finding of service connection for these conditions.

The Veteran's service-connected disabilities reasonably result in his requiring assistance with a number of his activities of daily living (ADLs) such as bathing and dressing, and he requires care or assistance on a regular basis to protect himself from hazards or dangers incident to his daily environment. The Board finds that the evidence is at least in equipoise and supports a grant of special monthly compensation based on aid and attendance.

The case is being remanded to the RO for further development, including scheduling a video conference hearing.

The Board granted the Veteran's appeals for increased ratings for residuals of a fractured left scapula and a left ankle sprain, but denied his appeals for increased ratings for Bell's palsy, tinnitus, hearing loss, and lumbar spine disability. The Veteran withdrew his appeal regarding Bell's palsy and tinnitus in April 2011.

The Board denied the claims for increased ratings for various service-connected disabilities, including bilateral hearing loss, right great toe arthritis, left humerus fracture residuals, dental trauma to teeth numbers 7, 8, and 9, right hand and left hand arthritis, right ankle and left ankle arthritis, left thumb arthritis, and right and left knee arthritis. The appeal is based on the merits of these conditions without any presumption or new evidence.

The Board has denied the Veteran's claims for service connection for a right ankle condition and lumbosacral strain, finding no current disability or evidence of a causal link to military service.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the current severity of his service-connected left ankle and lumbar spine disabilities. The RO will also review all evidence received since the December 2008 statement of the case.

The Veteran's left lower leg radiculopathy and right ankle disability are not service-connected, and the current evaluations for these conditions do not meet criteria for a higher rating.