Ankle Board decisions

The Veteran's initial claim for a higher rating for his burn scar to the right leg, ankle, and foot was denied. The Board found that the evidence did not meet the criteria for an evaluation in excess of 10 percent.,The claims for service connection for residuals of a right eye injury (claimed as bilateral eye injury) and trauma to left upper orbit/eyelid without permanent vision problems or pathology (claimed as bilateral eye injury) were reopened. The Veteran now has two new and material evidence-based claims.

The Veteran's folliculitis, low back disability, chronic right ankle sprain disability, and left hand/thumb disability are all found to be service-connected. The Veteran's right thumb disability is not service-connected. A rating in excess of 10 percent for the scar from head surgery is granted.

The Board has determined that the Veteran does not have a current diagnosis of PTSD, TBI, left ankle disability, or thoracic spine disability in accordance with DSM-IV criteria. The evidence does not support service connection for these conditions.

The Board has denied all claims for service connection as there is no probative evidence of a current disability or link to active service.

The Veteran's appeal for an increased rating of a lumbar spine disability was withdrawn. The Board granted an increased rating of 30 percent for residuals of left ankle fracture, effective November 16, 2007.

The Board has ordered a remand to clarify the nature of the Veteran's current heel disabilities and determine if they are related to his active duty service. The case will be returned for further development.

The Board has remanded the appeal due to the need for additional development, including new VA examinations and obtaining outstanding VA treatment records.

The Board denied the appellant's claims for increased ratings for his service-connected right ankle, left shoulder, and left elbow DJD. The appeal was also dismissed regarding entitlement to a total rating based on individual unemployability due to service-connected disability.

The Veteran's left leg shrapnel residuals, including a left ankle condition and left big toe condition, are not related to his military service.,His right shoulder condition is not related to his military service. The Veteran has no credible evidence of such an association.,The Veteran's headaches have not been shown to be either a chronic disability or etiologically related to military service.,The Veteran's sleep apnea was not present until many years after service and is not related to his military service.,His right knee condition has not been shown to be related to his military service.

The Veteran's left ankle disability is currently rated at 20 percent for traumatic arthritis, residuals of a left ankle fracture. The Board finds that the evidence does not support an increase in rating beyond this level.

The Board has remanded the case due to new evidence submitted by the Veteran and a need for additional VA treatment records. The claim will be reconsidered with consideration of this new evidence.

The Veteran's claim for an increased rating of his left ankle disability was denied. The Board found that the evidence did not raise a reasonable possibility of substantiating the claim, and thus new and material evidence has not been received to reopen the previously denied claim.

The Board has remanded the case for further development, including obtaining updated VA treatment records and requesting an addendum opinion from a qualified physician to address the Veteran's lay assertions regarding abnormal gait caused by his service-connected left knee disability.

The Board denied the Veteran's petition to reopen his service connection claim for residuals of a back condition and found that new evidence did not raise a reasonable possibility of substantiating the claim. The Board also denied the Veteran's claim for service connection for residuals of a right ankle sprain, finding no medical evidence linking the current disability to service.

The Board has determined that the Veteran's service-connected orthopedic disorders, including low back disorder, left ankle disorder, right knee disorder, left knee disorder, right shoulder disorder, and left elbow disorder are related to his active duty service.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a new VA examination to assess the severity of his service-connected left ankle disability. The TDIU claim is also being remanded as it is inextricably intertwined with the increased rating claim.

The Board has determined that the Veteran is entitled to service connection for tinnitus and an acquired psychiatric disability, including PTSD, depression, and anxiety. The remaining claims are dismissed due to withdrawal of appeal.

The Veteran's initial claim for service connection for a left ankle disability was denied in February 1997, and the denial became final. The Veteran did not submit new and material evidence within one year of that decision.,In March 2009, he submitted a VA Form 21-4138 and letter from his representative, which the RO accepted as an application to reopen the claim for service connection for a left ankle disability. The RO granted service connection in June 2010.

The Veteran's active service from June 26, 2001 to January 2, 2002 is established. As the Veteran had honorable discharge and served on active duty, he meets the criteria for veteran status and thus has basic eligibility for VA disability compensation benefits.

The Veteran's appeal has been dismissed due to their death. No claims have been decided.