Ankle decisions — 2013

The Board has determined that the Veteran's current low back and left ankle disabilities are not service-connected, as they were not manifest in service or related to his service-connected knee disabilities. The RO's decision denying compensation under 38 U.S.C.A. § 1151 for deep venous thrombosis of the right upper extremity is also denied.

The Board has remanded the case for additional development, including obtaining updated medical records and arranging for an orthopedic examination to assess the current severity of the Veteran's service-connected right shoulder and left ankle disabilities.

The Veteran's claim for an increased rating in excess of 20 percent for his service-connected post-operative right ankle injury, traumatic arthritis, and osteoporosis is being remanded due to the need for a new VA examination and consideration of whether an extraschedular evaluation is warranted.

The Board has determined that the appellant does not have left ear hearing loss disability for VA compensation purposes and therefore, service connection for this condition is denied.

The Veteran's claim for service connection for left leg pain was denied due to failure to report for a scheduled VA examination. The claims for increased ratings of lumbosacral strain and bilateral ankle disabilities were not addressed as the appeal is limited to these issues.

The Board has determined that the Veteran's current right and left ankle disabilities, diagnosed as Achilles enthesophytes, are not related to his military service. The evidence does not support a finding of chronicity or continuity of symptomatology.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, left ankle disability, and a left lower leg scar. The decision found no evidence of current disabilities meeting VA compensation criteria.

The Board found no evidence that the Veteran's additional disabilities were caused by VA treatment, negligence or lack of proper skill.

The Veteran's knee and ankle disabilities are currently rated at the lowest possible level (10 percent) for each condition, as they do not meet or approximate the criteria for a higher rating under applicable diagnostic codes. The VA examinations have consistently shown no more than moderate limitation of motion in both knees and ankles.

The Veteran has withdrawn his appeals for service connection for residuals of a right foot injury and residuals of a right ankle injury, as well as the appeals for higher initial disability ratings for osteoarthritis of the right knee and left knee. As such, these issues are dismissed.

The Board has determined that the Veteran's left knee, right knee, left ankle, and right ankle disorders are not service-connected as secondary to her service-connected degenerative disc disease, L5-S1.

The Board has determined that new and material evidence has not been presented to reopen the claim for service connection for a left ankle disability. The Veteran's original claim of service connection was denied in April 2000, and no new or additional evidence received since then relates to unestablished facts necessary to substantiate this claim.

The Veteran's claims for service connection for left leg (shin) disorder, residuals of a left ankle fracture including tarsal tunnel syndrome, and degenerative joint disease (arthritis) of the right foot are denied as there is no evidence to support these conditions were incurred or aggravated by his military service.

The VA determined that the appellant's right ankle disorder is not related to his military service.

The Board has determined that the Veteran's left ankle, knee, hip, and lumbar spine disabilities are not related to his service-connected fracture of the left lower fibula or flat foot. The claims for service connection have been denied.

The Board found that the submitted evidence does not relate to an unestablished fact necessary to substantiate the claims for service connection of right ankle, knee, and hip disorders. The Veteran's current diagnoses are not related to his military service.

The Veteran's claims for service connection for a disability manifested by unexplained behavior, claimed as Gulf War syndrome, and left ankle disability have been denied. The Board found that the Veteran is already service connected for bipolar disorder, which includes symptoms of inappropriate behavior. For the left ankle disability claim, there was no evidence of current disability or in-service injury.

The Veteran's application for vocational rehabilitation and training under Chapter 31, Title 38, United States Code was denied because it was determined that achieving a vocational goal was not reasonably feasible due to his service-connected and nonservice-connected disabilities preventing him from successfully pursuing employment.

The Veteran's right ankle disorder and low back disorder were rated at 20 percent prior to April 4, 2012. Since then, the rating has been increased to 40 percent for both conditions.

The Veteran's appeal is being remanded for further development, including additional VA examinations to address the claims of service connection for cervical spine disability, lumbosacral spine disability, and right ankle disability. The claims will be reconsidered after this additional development.