Ankle decisions — 2013

The Board has determined that the Veteran's right ankle disability is service-connected as a direct result of an injury sustained during active duty.

The Board has determined that there is no current diagnosis of a chronic right or left ankle disorder, and thus the Veteran does not meet the criteria for service connection on a direct basis. The appeal regarding bilateral ankle disorders is denied.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and National Guard service records. A VA examination will be scheduled to assess the severity of his left foot disorder and the nature and etiology of any right foot/ankle disability.

The Veteran's right ankle DJD is rated at 10 percent, the maximum available rating. The evidence does not show marked limited motion of the ankle.,There is no current hearing loss disability for VA purposes and service connection for bilateral hearing loss was denied.,Hypertension was not shown to have onset during or within one year after service and there is no competent medical evidence linking it to military service.

The Board has determined that there is no current evidence of sinusitis, left ankle disability, or left foot plantar fasciitis. The Veteran's claims for these conditions are therefore denied.

The Board found that the Veteran's current right ankle disability was not incurred in or aggravated by active service and is not proximately due to, or aggravated by, a service-connected disability.

The Board found that the Veteran's right ankle disability was not incurred in or aggravated by service and may not be presumed to have been so incurred.

The Veteran seeks service connection for a right ankle disorder. The Board has determined that further development is needed, including an addendum opinion from the examiner who conducted the September 2008 orthopedic examination of the Veteran's right ankle.

The Board has determined that the Veteran's right ankle and bilateral knee disabilities were not incurred in or aggravated by service, as there is no evidence of any such conditions during service. The Board finds the negative record during service to be more probative than the Veteran's assertions.

The Board is remanding the claims for service connection for left ankle and left knee disorders, obesity, and whether there is new and material evidence to reopen a claim of entitlement to service connection for bilateral pes planus. The derivative TDIU claim is also being remanded due to its inextricability with these other claims.

The Board has determined that the Veteran does not have a right ankle disorder, chronic groin disability, or chronic respiratory disability. The hearing loss claim is also denied as there was no evidence of hearing loss during service and it did not meet VA's criteria for a disability.

The Veteran was granted service connection for a left shoulder disorder, diagnosed as impingement syndrome and degenerative joint disease. However, the right shoulder, right knee, and bilateral elbow disorders were not found to be related to service.,The arthralgias and myalgias (consisting of ankle pain) were determined not to be due to an undiagnosed illness or a medically unexplained chronic multi-symptom illness.

The Board has determined that the Veteran's claimed cervical spine, lumbar spine, bilateral shoulder, left hip, and left ankle disabilities are not related to service. The evidence does not show any in-service injury or disease resulting in these conditions.

The Veteran's appeal has been withdrawn due to his request to continue only on the issue of service connection for a left knee disability. The Board finds new and material evidence has been received to reopen this claim, but the issues of low back, hip/buttock, and ankle disabilities are dismissed as they were not part of the original appeal.

The Veteran's right wrist and ankle disabilities have been evaluated as 10 percent disabling each, based on limitation of motion. The Board finds that the evidence does not support a higher rating for either condition.

The Veteran's service-connected disabilities rendered him unable to obtain or maintain a substantially gainful occupation as of January 3, 2007. Effective date of January 3, 2007 is granted for the establishment of TDIU benefits and Chapter 35 benefits.

The Veteran's initial compensable rating for the right ankle fracture was denied, and her initial disability rating for DJD with chondromalacia of the right knee remains at 10 percent.

The Board has determined that the Veteran's pre-existing flat feet were aggravated by his service, leading to current arthritis of the knees and ankles. The Board granted these claims based on this finding.

The Veteran's claims for service connection are being remanded to obtain updated VA treatment records and verify the nature of his Army Reserve service. He is also required to undergo a VA examination to address his claims under the theory of an undiagnosed illness.

The Board has reopened the Veteran's claims of service connection for bilateral ankle and knee disorders, but finds that new evidence does not establish a nexus between his current conditions and service. The Veteran did not have chronic ankle or knee issues during service, and there is no medical evidence linking his current symptoms to service.