Ankle decisions — 2011

Service connection for a left ankle disability and tinnitus has been granted, with the left ankle sprain being service-connected based on direct evidence. Service connection for tinnitus was denied.

The Board has determined that the Veteran's claimed conditions are not related to his service and have denied all of his claims for service connection.,Specifically, the Board found no evidence of rheumatoid arthritis or tendinopathy in service and concluded that these conditions did not start during service.

The Veteran's service-connected disabilities, including his right ankle sprain and associated conditions, osteoarthritis of the hips, and hypertension, are rated at a combined 70 percent. However, they do not preclude him from engaging in any regular substantially gainful employment.

The Veteran's appeal is being remanded for further development, including obtaining SSA records and arranging for VA examinations to assess the nature and etiology of his claimed disabilities.

The Board has decided to remand the Veteran's claims for further development due to a need for additional substantive development, including scheduling of an appropriate VA examination and notification of the information and evidence necessary to substantiate his claims on secondary service connection.

The Veteran has withdrawn her appeals on several issues, including those related to scars, knee conditions, and secondary service connection claims. As a result, the Board does not have jurisdiction to consider these claims.

The Veteran's recurrent urinary tract infections are shown to have had their clinical onset during her active service, and the Board finds that she has a current disability. The VA examiner opined that it is at least as likely as not that any identified right ankle disability had its clinical onset in service or otherwise is due to an event or incident of her active duty service. However, no opinion was provided regarding whether any left ankle disability was caused by the right ankle disability.

The Veteran's appeal was timely filed, and the Board is reopening his claim for service connection of a right shoulder disability. The other claims remain pending.

The Board found that the appellant's right ankle disability was not incurred in service and denied his claim for service connection.

The Board has granted service connection for a chronic bilateral ankle disorder and a chronic bilateral hip disorder, finding that the Veteran's symptoms were incurred during active service.

The Veteran's service-connected residuals of a left ankle sprain have been rated at 10 percent since July 2001. The VA has determined that the current evidence does not support an increase in his disability rating beyond this level.

The Veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment.

The Board has determined that the Veteran does not have a right leg disability due to disease or injury incurred in or aggravated by his active military service. The claim for service connection for residuals of a left eye injury, left ankle disorder, and right ankle disorder is granted as these conditions are presumed based on their chronic nature.

The Veteran's bilateral eye disability, including residuals of cataract surgeries and detached left retina, right shoulder disorder, right hip disorder, right knee disorder, and right ankle disorder are all found to be related to his active service. The claims for sinus disorder and hemorrhoids are not addressed as they were not part of the appeal.

The Board has granted service connection for right wrist pain/carpal tunnel syndrome, right knee strain/pain, left knee strain/pain, right ankle strain/pain, and left ankle strain/pain.

The Board has remanded the Veteran's claims for further development, including a VA examination to determine if his bilateral shoulder and ankle disabilities are related to his military service, specifically exposure to cold.

The Board granted an initial 20 percent rating for right ankle scars, effective October 8, 2008. The claim for a compensable rating for tinea pedis of the left foot is still pending.

The Veteran's appeal is being remanded to the RO for additional development, including a VA examination and compliance with previous Board orders. The issue of entitlement to TDIU will be reconsidered.

The Veteran's service-connected disabilities do not render him unemployable as his combined disability rating is 70 percent, which meets the criteria for a TDIU. The claim has been denied.

The Board has granted service connection for the Veteran's left ankle disability and assigned an initial evaluation. The claims for increased evaluations of his right elbow, right knee, and left knee disabilities are pending.