Ankle Board decisions

The Board found no evidence of a current disability related to the Veteran's right ankle and knee, or bilateral hearing loss. The claims are therefore denied.

The Veteran's PTSD and right ankle scar are both rated at their maximum allowable levels. The Board has determined that the Veteran does not have a neck disability, left ankle disability, hearing loss, or tinnitus due to service.

The Veteran's claims for right and left ankle disabilities, as well as a skin disability (seborrheic dermatitis) are denied. The Board found no current conditions related to service or the Agent Orange exposure presumption.

The Board has determined that the Veteran's current left ankle disorder, diagnosed as left ankle osteoarthritis and status post excision of partial bone of the distal tibia and talus, is related to his active military service.

The Board has determined that the Veteran's current left ankle disorder is a continuation and progression of an injury sustained during service, and therefore grants service connection for this condition.

The Veteran's appeal was granted, and he is now service-connected for the conditions listed. He also received compensable disability ratings for his shell fragment scars of the feet and residual burn scarring of the right inner ankle. However, he did not receive a rating in excess of 20 percent for residuals of a shrapnel wound to the right medial foot and calf.

The Board has determined that the Veteran's right ankle disorder is related to an injury sustained during military service, and thus service connection for this condition is granted.

The Board denied service connection for a left ankle sprain and hemorrhoids, as well as an initial evaluation in excess of 10 percent for varicose vein stripping and an initial compensable evaluation for labyrinthitis. The decisions were consistent with VA law and regulations at the time.

The Board denied the Veteran's claim for service connection for a left ankle disability, finding that new and material evidence had not been submitted. The decision also noted that the Veteran did not have a pre-existing left ankle condition prior to his period of active service.

The Board denied the Veteran's claims for increased ratings and did not address service connection issues, as those were remanded.

The Veteran's right ankle arthritis is currently rated at the highest schedular evaluation, and no higher. The VA has not found any new evidence of ankylosis or other significant impairment warranting a higher rating.

The Veteran's claims for increased evaluations of his right ankle strain, left ankle strain, right shoulder impingement syndrome, and lumbosacral strain prior to March 27, 2008 were denied as the evidence did not meet the criteria for a compensable evaluation.

The Board has determined that the Veteran's claimed conditions are not service-connected due to clear and unmistakable evidence showing they existed prior to his entry into active service.

The Veteran's left ankle disability does not meet the criteria for a higher rating as there is no evidence of ankylosis or actual loss of use of the foot. The preponderance of the evidence is against his claim.

The Veteran's initial rating for his left ankle disability was granted at a 20 percent level effective August 28, 2005. The current appeal is about the appropriate initial rating.

The Board has determined that new and material evidence was not presented to reopen the Veteran's claims for hepatitis residuals and a left ankle disability, as there is no significant new or relevant evidence in the record.

The Veteran's PTSD, cervical spondylosis, left shoulder pain, right ankle arthritis, and left ankle arthritis have been granted service connection. The Veteran did not engage in combat during active military service.

The Veteran's claim for service connection for residuals of a left ankle fracture was denied as there is no legal basis to grant an earlier effective date than the date his claim was received.

The Board has determined that the Veteran's service-connected right ankle disability warrants a 30 percent rating from October 31, 2004 to October 31, 2005 due to ankylosis in dorsiflexion limited to between 0 and 10 degrees.

The Veteran's appeal is being remanded to comply with the Court's June 2004 decision, which found that VA had failed to provide proper notice. Additional development is needed for compliance with VA's duty to assist and notify.