Ankle decisions — 2012

The Board has reopened the Veteran's previously denied claim of service connection for a bilateral knee disability, but finds that there is no evidence to support her contention that she incurred this condition during active service.,The Veteran's claims for right ankle and bilateral shoulder disabilities are also denied as there is insufficient evidence linking these conditions to active service.

The Veteran's appeal is being remanded for further development, including obtaining recent treatment records and providing the Veteran with a VA examination to assess his right ankle and tibia disabilities.

The Board denied the Veteran's claims for increased evaluations for his left and right ankle disabilities, finding that the evidence did not support a higher rating under any applicable diagnostic codes.

The Board has ordered additional development to verify the appellant's periods of ROTC, ACDUTRA and/or INACDUTRA service. The claims will be remanded for further review after the requested development is completed.

The Board has remanded the case due to inadequate medical examination in January 2008, and the need for an addendum opinion that specifically addresses the June 2008 opinions provided by LM Abbott and the lay statement submitted by the Veteran's mother and brother.

The Board has remanded the case for further development, including obtaining medical records and scheduling VA examinations to address the Veteran's claims.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the etiology of his claimed disabilities and obtain any outstanding VA treatment records.

The Veteran's tinnitus is likely related to his in-service noise exposure, and service connection for this condition is granted. The Board finds insufficient evidence to establish a secondary service connection for the left ankle, foot, and leg conditions.

The Board has granted service connection for a sinus disorder, including sinusitis. The Veteran's claims for alopecia, gastroesophageal reflux disease, left ankle disorder, right ankle disorder, and skin disorder (including urticaria) are denied as there is no evidence of current disabilities or a link to service.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher ratings under applicable VA rating criteria.

The Board found no evidence to support the Veteran's claims for service connection of right ankle, left ankle, and bilateral toe disabilities. The preponderance of the evidence is against finding that any current disability was incurred in or aggravated by service.

The Board is remanding the case for a new VA medical examination and opinion to determine if the Veteran's current ankle and foot disorders are related to his military service, including any injury he claims to have sustained in 1972. The examiner must consider the Veteran's lay testimony regarding continuous symptoms since service.

The Board found that the Veteran's low back and left foot disabilities were not incurred in or aggravated by active duty, ACDUTRA, or INACDUTRA. The claim for service connection was denied.

The Board found that the Veteran's right ankle disorder did not manifest during service and is unrelated to his military service. The VA examination report concluded that any current right ankle disability was not related to a service-connected condition.

The Veteran's claims for service connection and increased ratings were remanded due to the need for further examination. The VA examinations provided adequate findings to rate the disabilities, but no rating was assigned as the appeal is pending.

The Board has determined that there is competent evidence of a right ankle injury in service and current right ankle disability, with the evidence being in equipoise. Therefore, the claim for service connection for a right ankle disorder is granted.

The Board has granted increased ratings for various service-connected disabilities, including bilateral pes planus, obstructive sleep apnea, gout of the right great toe, and several forms of joint dysfunction. The effective date remains pending as it is not specified in this decision.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining medical examinations and opinions regarding his service-connected disabilities and any new disability claims.

The Board found that the Veteran's bilateral ankle degenerative joint disease is not related to his active service and does not meet the criteria for secondary service connection due to his service-connected hip and knee disabilities. The evidence did not establish a continuity of symptomatology or show arthritis as a result of in-service injury.

The Board has granted initial compensable ratings of 10% for the Veteran's service-connected right index finger disability, left ankle sprain, and right knee prepatellar bursitis.