Ankle decisions — 2011

The Veteran's service-connected residuals of left ankle sprain have been manifested by marked limitation of motion and osteochondral defect. The Board finds that the disability does not meet criteria for a higher rating.

The Board has determined that the Veteran's claims of service connection for residuals of a head injury, cervical spine injury, right foot injury, low back injury, and right shoulder disability must be remanded to obtain additional medical opinions regarding the nature and etiology of these conditions.

The Board finds that the Veteran does not have a current diagnosis of a bilateral knee disorder, bilateral ankle disorder, or respiratory disorder. The claims for these conditions are denied.

Service connection for a positive tuberculin skin test was granted. The Veteran's current arthritis of the right and left knees is rated at 10 percent each, with no higher evaluation warranted based on flexion limitation or other criteria. The Veteran's arthritis of the right ankle has been increased to 20 percent since August 14, 2008.,The Veteran's service connection for a positive tuberculin skin test was granted.

The Veteran's right ankle disability is rated at 10 percent, and his sleep disorder is also rated at 10 percent. Both conditions are currently evaluated as direct service connection without any presumption or secondary basis.

The Board denied the Veteran's claims for increased ratings and earlier effective dates related to his service-connected SFW residuals of the left wrist, forearm, elbow, and ankle. The appeal is dismissed due to lack of evidence showing CUE in the February 1970 rating decision.

The Veteran's unauthorized hospitalization at Our Lady of Lourdes Regional Medical Center on February 2, 2009 was not rendered in a 'medical emergency' and VA facilities were feasibly available. Therefore, payment or reimbursement for the medical expenses is denied.

The Board has determined that the Veteran's left knee and left ankle disabilities are not related to his service, as there is no evidence of a pre-existing condition or an in-service injury. The current conditions are considered to be due to natural progression.

The Veteran's unauthorized medical expenses incurred at Samaritan Medical Center from June 12, 2007 through June 13, 2007 are denied as the claimant has not provided information regarding his relationship with the lumber yard and whether he filed a lawsuit against the lumber yard for his injuries.

The Board has denied the Veteran's claims for increased evaluations for his service-connected left ankle disability and neuroma. The case is remanded to schedule a VA examination to assess the current severity of these disabilities.

The Board has granted service connection for a right ankle disability and assigned a 10 percent evaluation. The Veteran's left heel spur claim was also granted.

The Board has remanded the case due to incomplete service treatment records and other procedural issues.

The Veteran's appeal is remanded due to the need for a new VA examination of his right ankle disability, as the most recent VA examination was more than five years ago.

The Board found no evidence linking the Veteran's diagnosed arthritis to his active service, and thus denied his claims for service connection.

The Veteran's appeal was denied for increased rating and service connection claims. The maximum schedular rating of 40 percent has been granted, but no higher as the disability is rated based on an amputation level.

The Veteran's service-connected disabilities do not preclude him from engaging in substantially gainful employment.

The Board has determined that the Veteran's claim of entitlement to service connection for flat feet is dismissed due to his withdrawal. The right wrist disability was not incurred in or aggravated by military service.

The Veteran's claim for TDIU is being remanded due to the need for additional development, including obtaining VA clinical records and a medical examination. The examiner will assess whether his service-connected disabilities alone preclude him from securing or following substantially gainful employment.

The Veteran's service-connected chronic right and left ankle sprains have been granted. Service connection for a lung condition, claimed as residuals of pneumonia, has not been established. The Veteran's low back disability is rated at 10 percent prior to September 29, 2009, but no higher evaluation is warranted. GERD evaluations are also denied.

The Veteran's claims for increased evaluations of his service-connected cervical strain, ankle strain, knee strain and shoulder tendonitis prior to the specified dates have been denied as there is no evidence showing that these conditions meet or approximate the criteria for a compensable evaluation.