Ankle decisions — 2014

The Board finds that further development is necessary before the issue of entitlement to service connection for the postoperative residuals of a ganglion cyst of the left ankle can be decided.

The Veteran's claim for service connection for various disabilities, including left ankle, knee, hip, and lumbar spine disabilities, secondary to a fracture of the left lower fibula, was denied. The Board found that there is no compensable evaluation due to lack of malunion or nonunion of the tibia and fibula.

The Veteran's left ankle disability is rated at 20 percent since April 1, 2009. The Board finds that the evidence does not support a higher rating for this period.

The Board found no current diagnosis of a left ankle disability and denied the Veteran's claim for service connection.

The Veteran's right ankle disability is currently rated at 20 percent, but the Board finds that it does not warrant a higher evaluation as there is no evidence of ankylosis or other severe limitation of motion.

The Board has denied the Veteran's claims for service connection for various conditions, including acid reflux, back disability, fibromyalgia, sinus condition, hearing loss, blurring in both eyes, sleep apnea, acquired psychiatric condition (PTSD, depression, anxiety), cartilage loss in both knees, gout in ankles and feet, and chronic left ankle fracture. The Board found that the evidence did not support a service connection for these conditions.

The Board has granted service connection for post traumatic arthritis of the right ankle, finding that it is at least as likely as not related to a left ankle injury during active duty training.,Service connection was denied for residuals of a left ankle injury due to lack of evidence and further examination is needed.

The Board found no evidence of a current disability related to service, and denied the Veteran's claims for service connection.

The Veteran does not currently have a right ankle disability and has not had such a disability at any time during the pendency of his claim. Therefore, service connection for a right ankle disability is denied.

The Board has denied the Veteran's claims of service connection for various conditions, including leukemic mononucleosis, lymphoma, deep white matter deviation to include memory loss, headaches other than sinusitis with headaches, bilateral hearing loss disability, bilateral inner ear nerve damage to include vertigo and loss of balance, right-sided tongue paralysis, right-sided vocal cord paralysis, residuals of strep throat with heart murmur, right-sided neck gland swelling with difficulty swallowing and a near-esophageal knot, right shoulder rotator cuff disability, bilateral hand nerve damage, brittle fingernails, heart palpitations, hypertension, bilateral leg disorder to include weakness, edema, vascular deterioration, and varicose veins, bilateral knee disorder to include cartilage deterioration, bone grinding, and fatigue, bilateral ankle disorder to include edema, bilateral foot nerve damage to include the balls of the feet and the toes, brittle toenails, residuals of pneumonia, and dry skin. The claims were denied as not being related to service or any other basis.

The Board has reopened the claim for residuals of a broken right ankle due to new evidence showing current disability, but is denying the reopening of the claim for residuals of a broken right hand and finger as there is no new or material evidence.

The Veteran's service-connected DJD of the left ankle is currently rated at 20 percent, and the Board finds that this rating is appropriate given the current level of disability.

The Veteran does not have a current diagnosis of any of the claimed conditions.,As such, the Board finds that service connection for low back disability, bilateral knee disability, and left ankle disability is denied.

The Veteran's claim for service connection for posttraumatic arthritis of the left elbow, right elbow, right shoulder and left foot/ankle was denied as there is no evidence of such condition during or within one year after service. The Board found that the Veteran did not present a valid claim for this disability.

The Veteran withdrew her appeal in August 2014 for all issues listed.

The Veteran's appeal is being remanded for additional development to obtain medical records and determine the origins of his service-connected disabilities, including whether they are related to his military service.

The Board found that the evidence did not support a finding of service connection for degenerative joint disease of the left ankle, as there was no credible evidence linking it to service. The Veteran's claim for service connection for a left foot disability is remanded for further development.

Service connection has been established for a left ankle disorder caused by a fall resulting from service-connected instability of the left knee.,There is no evidence that the Veteran's right shoulder disorder was caused or aggravated by falls related to her service-connected left knee disability. Service connection remains denied.

The Veteran's service-connected disabilities are rated as 70 percent disabling (combined), including a 50 percent rating for OSA, and preclude him from securing or following substantially gainful employment consistent with his education and employment background. Therefore, the claim for TDIU is granted.