Ankle decisions — 2013

The Veteran's tinnitus is found to be related to service exposure to loud noise. Service connection for right hip, knee, and ankle disabilities is granted.

The Board has determined that there is not sufficient evidence to establish a connection between the Veteran's current pulmonary disorder, left ankle disability, and bilateral leg disability with his military service. The Veteran's long-standing smoking habit is considered more likely related to these conditions than any in-service injury or exposure.

The Veteran's residuals of a left ankle fracture did not result from VA hospital care, medical or surgical treatment, or examination. The Board finds that the criteria for compensation under 38 U.S.C.A. § 1151 have not been met.

The Board has denied the Veteran's claim of entitlement to service connection for a right ankle disorder, finding that new and material evidence has not been received to reopen the claim. The May 1995 decision denying the Veteran's original claim is final.

The Veteran does not have a current diagnosis of a right ankle or lower leg disability, and the preponderance of the evidence shows that he does not have such a condition. Therefore, his claim for service connection is denied.

The Veteran's PTSD is currently rated at 30% and the Board has granted a 50% rating, effectively granting his claim for an increased disability rating.

The Veteran's service-connected right ankle fracture and associated conditions meet the percentage requirements for a TDIU, with his educational background and work experience preventing him from obtaining substantially gainful employment.

The Board has determined that the Veteran's current bilateral ankle disability is not related to his military service and therefore denied his claim for service connection.

The Board denied the Veteran's claims for service connection for myocardial infarction and coronary artery disease, diabetes mellitus type II, hypertension, and a right ankle disability as secondary to his service-connected obstructive sleep apnea.

The Board has determined that the Veteran's fall and consequent left ankle fracture were proximately caused by VA's negligence in providing appropriate care, resulting in a decision to grant compensation under 38 U.S.C.A. § 1151.

The Board denied the Veteran's claims of service connection for ankle swelling, kidney stones, adrenal gland tumor, and bilateral eye condition as secondary to his service-connected diabetes mellitus.

The Board has determined that the Veteran does not have arthritis of the neck, ankles, or knees that is related to his military service. The claims for these conditions are denied.

The Veteran's claims for increased ratings for bilateral hearing loss and left ankle injury with pes planus were denied as there was no evidence of ankylosis or other conditions warranting a higher rating under the applicable diagnostic codes.

The Board has granted service connection for bilateral shoulder and elbow disorders, as well as a left ankle disorder. The Veteran's current conditions are believed to be due to injuries sustained during active military service.

The Veteran's bilateral hearing loss is rated as noncompensable. The claims for service connection of right knee, left knee, and ankle disabilities have been reopened due to new evidence received since the July 1993 rating decision. There is a reasonable possibility that his bilateral knee and ankle disabilities are caused by service.

The Veteran withdrew his appeal for an initial evaluation in excess of 10 percent for right ankle osteoarthritis.

The Board determined that a timely substantive appeal was not filed following the July 2008 rating decision denying service connection for various disabilities.

The Board has determined that the Veteran's right and left ankle disabilities do not warrant a rating higher than 10 percent.,Both ankles have been rated based on limitation of motion, with full range of motion noted in all examinations.

The Board denied service connection for the Veteran's claimed right knee, right foot, and right ankle disorders, as well as a disorder of bilateral toes other than the right toe hallux valgus, and low back disorder. The Board found no credible evidence of chronic pathology of any joints or toes other than the right great toe for more than 20 years after service.

The Veteran withdrew his appeal for an initial disability rating in excess of 10 percent for his service-connected right ankle disability.