Ankle Board decisions

The Board has remanded the Veteran's claims for service connection and increased evaluation of his back disability and left ankle synovitis due to potential new evidence and need for further examination.

The Veteran's debt caused by the payment of VA benefits during his period of active duty service from February 3, 2003 to May 14, 2004 was properly created. The Board found that the Veteran was not entitled to receive VA compensation benefits while on active duty and thus the overpayment was valid.

The Board has denied the Veteran's claims for an increased rating for service-connected left ankle disability, service connection for hypertension (secondary to service-connected left ankle disability), and whether new and material evidence has been received sufficient to reopen a previously denied claim of service connection for a heart disorder.

The Board has determined that the Veteran's current residuals of a right ankle sprain with avulsion fracture are related to his in-service injury, and service connection is granted.

The Board denied the Veteran's claims for increased ratings for his left ankle and low back disabilities, finding that the current schedular criteria adequately described his disability levels.

The Board has determined that the Veteran's bilateral knee and ankle conditions are not related to his active duty service, and therefore denied both claims.

The Veteran's claims for service connection were denied across multiple conditions, including radiation exposure, hearing loss, obstructive sleep apnea, arthritis, left shoulder pain, hand pain, wrist pain, low back pain, and ankle pain. The Board found no evidence to support these claims.

The Veteran's PTSD and left ankle fracture were found to not warrant ratings higher than the currently assigned 50 percent for PTSD prior to June 17, 2009 and a 10 percent rating for residuals of left ankle fracture.

The Veteran's current rating of 10 percent for his left ankle disability is denied as the evidence does not support a higher evaluation.

The Board has determined that additional development is needed to determine the etiology of the Veteran's claimed right and left ankle disabilities, including obtaining her reserve duty medical records and scheduling a VA examination.

The Veteran's claims for increased evaluations for his service-connected left and right ankle disabilities have been denied. The Board found that the evidence did not support a higher evaluation for either ankle disability.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected myasthenia gravis and its manifestations.

The Board found that the Veteran's treatment at LRMC from February 12, 2007 to February 16, 2007 did not meet the criteria for payment or reimbursement under 38 U.S.C.A. § 1725 and the implementing regulations due to lack of a medical emergency requiring transfer to a VA facility.

The Board has determined that the Veteran's service-connected left ankle disorder warrants a rating of 30 percent, effective July 16, 2003.

The Veteran's claims for higher initial evaluations for his service-connected degenerative changes of the tibiotalar joint of the left ankle and deviated septum are denied. His claim for a compensable evaluation for bilateral hearing loss is also denied.

The Board denied the Veteran's claims for service connection for various disabilities, including diabetes mellitus type II and its associated secondary conditions, due to a lack of evidence showing such conditions were incurred in or aggravated by his military service.

The Veteran's service-connected disabilities do not prevent him from obtaining and retaining employment consistent with his abilities, aptitudes, and interests. As the effects of an employability impairment have been overcome, he does not have an employment handicap.

The Veteran's claims for increased ratings for his right knee, femur fracture, and ankle fractures are being remanded due to the need for additional examinations and consideration of new evidence.

The Board has denied the Veteran's claims for service connection for residuals of venereal disease, bilateral ankle disorder, bilateral foot disorder, and back disorder due to a lack of current evidence supporting these conditions.

The Board denied service connection for right and left ankle conditions due to lack of evidence linking the current conditions to service.