Ankle decisions — 2014

The Board has determined that the Veteran's current right ankle disorder, including residuals of a right ankle sprain and arthritis, was not incurred in or aggravated by active military service. The preponderance of evidence does not support a finding of service connection.

The Veteran's cervical spine disability with radiculopathy had onset within one year of separation from service and is therefore granted.

The Veteran's claims of service connection for respiratory, low back, bilateral knee, and bilateral ankle disabilities are being REMANDED due to the need for additional development.

The Board has determined that there is no current hip or right ankle disability and thus, the basic eligibility criteria for service connection are not met with respect to these claims. Therefore, service connection cannot be granted.

The Veteran's appeal is being remanded for clarification on whether he wants a Board hearing and scheduling of the appropriate type of hearing.

The Veteran's appeal is remanded due to the need for updated treatment records and examinations related to his right ankle disability and bilateral hearing loss.

The Veteran's appeal has been withdrawn, and the issue of increased evaluation for left ankle disability is dismissed.

The Veteran's right ankle fracture occurred over five years ago and has not resulted in any current disability. The Board finds that the claim of service connection for a right ankle disorder is denied.

The Board has denied the Veteran's claims for service connection for various conditions, including PTSD, arthritis, a bilateral foot disability, and peripheral neuropathy. The appeals are based on direct evidence of these conditions without any presumption or secondary relationship to service-connected disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining new medical records and an examination regarding her bilateral leg, hip, and ankle disorders.

The Veteran's service-connected disabilities render him in need of aid and attendance, qualifying for special monthly compensation (SMC) based on the need for aid and attendance. He is also entitled to a certificate of eligibility for specially adapted housing due to his permanent and total disability resulting from service-connected conditions.

The Board has determined that the Veteran's service connection claims for various disorders are granted, with the exception of his claim for a right ankle disorder which is secondary to service-connected peripheral neuropathy. The decision also includes reopening and granting service connection for tinnitus.

The Board found that the July 1985 rating decision denying service connection for a right knee disability was not clearly and unmistakably erroneous, as there was no chronic right knee disability at the time of the VA examination.

The Board has ordered additional development to determine if the Veteran's claimed disabilities are related to his service-connected bilateral plantar fasciitis with pes planus.

The Board has determined that the Veteran's current left ankle and bilateral knee disabilities are related to his service-connected right distal fibula fracture, with increased weight bearing causing additional stress on these joints.

The Board denied service connection for residuals of a right ankle injury in October 2009 and the Veteran did not appeal. The claim is now being reopened, but new evidence does not relate to an unestablished fact necessary to substantiate the claim.

The Veteran's appeal was denied for increased ratings for his service-connected ankle and wrist disabilities, as well as for earlier effective dates. The claims were not supported by the evidence of record at the time of the February 1970 rating decision.

The Board has jurisdiction over the timely and adequately appealed issues regarding service connection for various conditions, including PTSD. The Veteran's appeal as to a respiratory disability is dismissed due to lack of justiciable case or controversy.

The Veteran withdrew his appeal for the issues of service connection for a back disability, left ankle disability, bilateral arm disabilities, and stomach disorder.

The Veteran's right ankle disability, including degenerative joint disease and Achilles tendonitis, has been evaluated at the 20% level since June 5, 2008. The current examination does not show any additional disabling effects warranting a higher rating.