Ankle decisions — 2011

The Board has granted service connection for a right knee disorder as secondary to the Veteran's service-connected left lower extremity disabilities. The claims of increased ratings for left ankle injury, residuals of medial and lateral meniscectomies of the left knee, and osteoarthritis of the left hip are remanded due to incomplete development.

The Veteran's service-connected conditions, including PTSD, sleep apnea, and chronic back condition, have rendered him unable to secure or follow substantially gainful employment due to his psychiatric disorders and physical disabilities. The Board has granted a TDIU based on these factors.

The Veteran's initial compensable rating for left ankle strain was granted, and a higher rating of 20 percent was assigned effective May 10, 2010. The appeal is now limited to the issue of whether an earlier effective date should be granted.

The Board has determined that the Veteran does not have residuals of a cold injury, and therefore service connection for cold injury residuals is denied.

The Board has determined that the Veteran's service-connected disabilities contributed substantially or materially to his death, and thus grants the claim for service connection for the cause of the Veteran's death.

The Board has determined that the Veteran's death was caused by an accident, and not due to his service-connected conditions. However, as he had been rated totally disabled for over five years prior to his death, the claimant is entitled to Dependency and Indemnity Compensation (DIC).

The Board denied the Veteran's claims for service connection for bilateral hearing loss, right knee disorder, and tendon disorder of the left foot (to include a left ankle disorder). The Board found that there was no evidence linking these conditions to his military service.

The Board denied the Veteran's claims of service connection for a bilateral ankle disability and granulomatous disease, finding that there was no evidence to support these claims based on the lack of chronicity in service or at any time thereafter.

The Board found that the Veteran's left knee disorder was not incurred in or aggravated by service and denied his claim for service connection. The issue of bilateral ankle disorder is remanded for further development.

The Board has determined that the Veteran's left ankle disability, tinnitus, and headaches were not incurred in or aggravated by service. The psychiatric disorder (posttraumatic stress disorder) is related to service but the claim for service connection remains pending as it was not addressed in this decision.

The Board has granted service connection for lumbar strain and left ankle sprain, but denied the Veteran's requests for higher initial ratings.

The Veteran's appeal is being remanded for a VA examination to assess the combined impact of his service-connected disabilities on his employability, and for consideration of any new evidence added since the last supplemental statement of the case.

The Board denied the appellant's claims for service connection for various conditions, including scleroderma of the back or 'dry skin', hypertension, arthritis of the joints, and a bilateral foot disorder. The issues involving PTSD reopening, diabetes mellitus effective dates, and anatomical loss of both feet were also denied.

The Board denied service connection for back and left knee disabilities, but reopened the claim for a left ankle disability due to new evidence submitted by the Veteran.

The Veteran's residuals of right distal tibia (ankle) fracture are currently rated at 10 percent, but the Board finds that this rating is appropriate based on the evidence and VA regulations.

The Veteran's appeal is being remanded to the RO for further development, including scheduling a VA examination and updating his claims file with any relevant post-service treatment records.

The Veteran has withdrawn his appeal for the issues of service connection for liver disease, left eye blindness, left ankle injury, PTSD, left leg and knee injury, right ankle injury, colon cancer, tinnitus, and prostate problems.

The Veteran's appeal is being remanded to the RO for additional efforts to locate his service treatment records and personnel records, including those from McGuire Air Force Base, Clark Air Force Base in the Philippines, Osan Air Force Base in Korea, and Bolling Air Force Base. The Veteran will be scheduled for appropriate VA examinations if new records confirm any of his alleged injuries or illnesses.

The Veteran's claims for service connection for bilateral hearing loss, left ankle disability, and right inferior orbital wall fracture residuals were denied. The Board found no current evidence of a hearing loss disability or compensable rating for the left ankle disability. The right inferior orbital wall fracture residuals did not result in any additional functional impairment beyond what is already considered under the applicable diagnostic codes.

The Board has denied the appellant's claims for service connection for various disabilities, finding no competent evidence of current disability or persistent/recurrent symptoms related to his military service.