Ankle decisions — 2011

The VA determined that the Veteran's additional disability was not caused by carelessness, negligence, or lack of proper skill in providing treatment. The decision also noted that the event (the surgery) was not reasonably foreseeable.

The Veteran's claims for increased ratings and initial compensable ratings were granted, with the DDD of the lumbosacral spine receiving a 40 percent rating effective August 3, 2006. The right knee, left ankle pain, and right ankle pain each received initial noncompensable (0%) ratings effective October 7, 2008.

The Veteran's tinnitus is found to be related to his military service, and the Board grants service connection for this condition. The issues of entitlement to service connection for right and left ankle disorders are remanded due to insufficient evidence.

The Veteran's claims for increased disability ratings are being remanded to obtain updated VA examinations and any outstanding medical records.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to assess the severity of his service-connected disabilities.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, warranting a total disability rating based on individual unemployability.

The Veteran's appeal is remanded due to incomplete records and a need for further examination. The case will be reviewed by the RO after additional development.

The Board denied service connection for arthritis of the hands and arthritis of the ankles. The Veteran's claim was not reopened, and there is no evidence of current disabilities related to these conditions.

The Board denied the appellant's claims of entitlement to service connection for a bilateral hip disability, low back disability, right ankle disability, left ankle disability, and sleep apnea. The appeal was decided on the merits as the issues were adjudicated under a direct service connection theory.

The Board has determined that the Veteran currently has chronic residuals of a left ankle sprain incurred in service, and grants service connection for this condition.

The Veteran's claim for increased ratings was granted, with a 30 percent rating assigned for palsy of the left common peroneal nerve as of October 22, 2002. The other issues were denied.

The Board found that there is no evidence of a right ankle injury during service and the Veteran's current right ankle disability was not incurred or aggravated by active duty. The claim for service connection was denied.

The Board found that the Veteran's tinnitus is not related to his military service, including specifically to noise exposure in service. The claim for bilateral ankle pain was remanded by the Board.

The Veteran's appeal for service connection for a left ankle disorder has been fully resolved in his favor, and the Board does not have appellate jurisdiction over this issue.

The Veteran's claim for service connection for bilateral hearing loss is denied as he does not currently have a disability that meets the VA definition of hearing loss. The claims for hip, low back, left knee, and left ankle disabilities are remanded to obtain treatment records from Hohenfels, Germany, and to provide an opinion regarding their etiology.

The Veteran's appeal involves multiple service-connected disorders, including peripheral vascular disease, hypertension, and various musculoskeletal issues. The Board has determined that further development is necessary to determine the etiology of these conditions.

The Veteran's initial rating for bilateral hearing loss and right ankle disorder were denied as they did not meet the criteria for a compensable evaluation.

The Board has determined that additional development is necessary to address the Veteran's claims, including obtaining medical records and providing him with appropriate VA examinations.

The Veteran's service-connected right ankle disability was rated at 10 percent prior to December 11, 2009. The Board found that the condition did not meet criteria for a higher rating based on marked limitation of motion or other factors.

The Board denied the Veteran's claims of entitlement to service connection for bilateral knee disability, bilateral ankle disability, and left leg disability. The evidence did not establish direct service incurrence or aggravation.