Ankle decisions — 2013

The Veteran's claims for increased ratings for left knee PFS, left ankle tendonitis, left elbow bursitis, and associated scars have been denied as the evidence does not show any functional loss due to pain or other factors that would warrant a higher rating.

The Veteran does not have current left or right ankle disabilities for VA compensation purposes. His service treatment records show recurrent sprains and a fracture, but no diagnosed disability.

The Board has granted service connection for tinnitus, but the Veteran's remaining claims of service connection for right ankle disorder, left knee disorder, bilateral shoulder disorder, cervical spine disorder, and back disorder are remanded for further development.

The Board has reopened the Veteran's claims for service connection for bilateral hearing loss, tinnitus, residuals of a right ankle sprain, and depression/anxiety. However, no effective date is assigned as the evidence does not meet the criteria for an earlier effective date.

The Board has reopened the Veteran's claim of service connection for a right ankle disability based on new evidence provided since the April 1970 rating decision. The new evidence relates to an unestablished fact necessary to substantiate the claim, raising a reasonable possibility of substantiating such claim.

The Veteran's left ankle disability is currently rated at 10 percent, but the evidence does not support a higher rating as his symptoms do not meet or approximate the criteria for a 20 percent rating under Diagnostic Code 5271.

The Board has determined that new and material evidence has been received to reopen the claims for tinnitus/vertigo, chest pains, headaches, and possibly neck pain. The other conditions have not met this standard.,For bilateral hearing loss, no new and material evidence was found. For left knee, leg, and ankle disabilities, no new and material evidence was found either.

The Veteran withdrew his appeals for service connection for sleep apnea and high blood pressure prior to the Board's decision.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred after a motor vehicle accident is denied as the treatment was not considered emergency care and there were no indications that delay in seeking immediate medical attention would have been hazardous to life or health.

The Veteran's petitions to reopen claims for service connection for peripheral vascular disease of the bilateral lower extremities and left ankle disability were denied. His claim for a TDIU was also denied, as well as his request for an increased rating for palmar pitting porokeratosis.

The Board found that the Veteran's injuries were not caused by carelessness, negligence, or lack of proper skill on the part of VA medical providers. The additional disabilities were not due to an event not reasonably foreseeable.

The Board found that the Veteran's right knee and bilateral ankle disabilities are not due to or related to service, and thus denied his claims for service connection.

The Board denied the Veteran's claim for service connection for bilateral ankle and foot disorders, finding that there was no evidence of chronic disability resulting from injuries sustained during his military service.

The Board found that there is no evidence showing a current chronic orthopedic disorder of the right foot and ankle, and thus denied service connection for this condition.

The appeal has been withdrawn by the appellant, and thus is dismissed.

The Veteran's appeal is being remanded for a videoconference hearing before a Member of the Board.

The Board has reopened the Veteran's claims for service connection for residuals of a left foot injury, residuals of a left ankle injury, and residuals of a left calf abrasion. The case is remanded to obtain VA treatment records, SSA disability benefits records, and an examination to determine the nature and etiology of the Veteran's diagnosed conditions.

The Veteran is found unable to secure or maintain substantially gainful employment due to his service-connected disabilities, and the Board grants a TDIU.

The Board has granted a 20 percent rating for the Veteran's residuals of a left ankle fracture with traumatic arthritis since February 13, 2006 (excluding the period when a temporary total rating was assigned due to tarsal tunnel release).

The Board denied the Veteran's claim for an earlier effective date for a 100% rating for hypothyroidism and found that there was no clear and unmistakable error in the January 1999 rating decision denying service connection for obesity as secondary to hyperthyroidism.