Ankle decisions — 2011

The Board has reopened the Veteran's claim for service connection of residuals of left ankle sprain and determined that new and material evidence has been received. The Board also found that a current left ankle disorder is related to service.

The Veteran's bilateral pes planus is not service-connected, and his left ankle sprain disorder does not warrant a higher disability rating. His TDIU claim was also denied.

The Board has determined that additional development is needed to address the Veteran's claims, including obtaining medical records and arranging for examinations to determine the nature and etiology of his disabilities.

The Veteran's pension benefits were denied due to his incarceration. His service-connection claims for left knee, heart, and hepatitis B disabilities are being reopened based on new evidence. The right ankle disability claim is still pending.

The Veteran's claim for residuals of pneumonia, also claimed as shortness of breath, was previously denied in July 1990 and reopened by new evidence submitted since then. The low back disorder claim has been reopened but the service connection is not granted.,The low back disorder claim has been reopened with new evidence showing degenerative disc disease and facet joint disease. However, the evidence does not establish that these conditions are related to active service or any incident therein.,The left ankle strain claim was previously denied in March 1977 and reopened by new evidence submitted since then. The evidence does not show a connection between the condition and active service.,Hypertension, enlarged heart, kidney damage, right shoulder disorder, and right leg disorder claims have all been reopened with new evidence but do not establish a connection to active service or any incident therein.

The Board is remanding the cause-of-death claim due to the need for further development, including obtaining an addendum opinion. The DIC benefits claim remains inextricably intertwined with the cause-of-death claim and must be addressed concurrently.

The VA denied a rating in excess of 20% for the veteran's left ankle disability, which is currently rated at 20%. The evidence showed that the Veteran had complaints of pain and stiffness but no instability or tendon abnormality.

The Veteran's claim for an initial rating in excess of 10 percent for his service-connected posttraumatic arthritis of the left ankle is being remanded due to the need for additional development, including obtaining relevant treatment records and scheduling a VA examination.

The Board has remanded the case for further development and review of the Veteran's claims, including scheduling VA examinations and obtaining additional medical opinions. The appeal involves multiple issues arising from different rating decisions spanning over two decades.

The Board has determined that the Veteran does not have a current underlying left or right ankle disease or injury, and thus service connection for bilateral ankle disabilities is denied.

The Veteran's appeal is remanded for further development, including obtaining her service treatment records and arranging a VA examination to assess the current level of severity of her left ankle disability.

The Veteran's right ankle disorder was evaluated at a 10 percent disability rating from June 11, 2008 to December 30, 2009. The VA examiner found moderate limitation of motion in the right ankle joint.

The Veteran's right ankle and left ankle disabilities are not found to be related to his military service or service-connected bilateral pes planus. The right knee disability is associated with X-ray findings of a patellar spur, but the examiner did not provide an opinion on whether it is related to service or service-connected bilateral pes planus.

The Veteran's service-connected disabilities have been rated based on their current manifestations and the criteria for each condition. The initial ratings assigned are generally in line with the severity of his conditions.

The Veteran's current right ankle disorder, including DJD and instability, is found to be related to her service. The Board grants service connection for this condition.

The Board has determined that the Veteran does not have a current bilateral ankle disability that is attributable to military service.

The Board denied the Veteran's claims for a rating in excess of 40 percent for ankylosis of the right ankle and for TDIU, finding that his service-connected disability did not cause marked interference with employment beyond what was already considered under the schedular rating criteria.

The Board has determined that the Veteran failed to report for VA medical examinations scheduled in conjunction with his reopened claims, and thus the appeal is denied as a matter of law.

The Board found that the Veteran's pre-existing left ankle disability, which existed prior to service and was not aggravated by service, does not warrant service connection.

The Veteran's claims for increased ratings for residuals of shell fragment wounds to the right and left legs were denied as his conditions did not warrant a higher rating based on the current evidence.