Ankle Board decisions

The appeal is remanded to the RO for a video conference hearing before a Veterans Law Judge at a local RO.

The appeal is being remanded to the RO for further development and a re-adjudication of the veteran's claims.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for additional disability of the right lower extremity, as there was no competent medical evidence to support his assertions that the disabilities were caused by a lack of proper care or negligent treatment on the part of VA caregivers.

The Board remanded the veteran's appeal for an increased rating of a right ankle injury because the veteran was not afforded a hearing before a Veterans Law Judge at the Regional Office despite repeatedly requesting one. The veteran is entitled to a hearing and opportunity to submit additional evidence and argument before the merits are decided.

The veteran's claim for reimbursement of unauthorized medical expenses for right ankle surgery on August 8, 2006, was denied because the treatment was not emergent and a VA facility was feasibly available.

The Board denied the veteran's claim for service connection for claimed residuals of leg injuries, finding no medical evidence linking these conditions to his military service.

The veteran's PTSD was granted a 70 percent rating, while the other claims for increased ratings were denied.

The appeal for an earlier effective date was denied as it was not factually ascertainable that the veteran's left ankle fracture had increased in disability within one year prior to November 30, 2004.

The Board has reopened the veteran's claims for service connection for a neck disorder, a bilateral ankle disorder and a bilateral knee disorder.

The veteran's claims for service connection for bilateral sensorineural hearing loss, an initial compensable evaluation for degenerative joint disease of the cervical spine, and an initial compensable evaluation for gastro-esophageal reflux disease (GERD) were denied. The claims for increased evaluations for post-traumatic stress disorder, chronic migraine headaches, and degenerative arthritis of the right ankle are remanded.

The Board found that the preponderance of evidence is against a finding that the veteran has any current bilateral foot and ankle disorders as a result of his active military service.

The Board denied an increased disability rating for the veteran's residual scar of the left ankle, post left Achilles tendon repair, as a 10 percent evaluation was found to be appropriate.

The veteran's service-connected right and left ankle disabilities are not manifested by ankylosis or nonunion of the tibia or fibula, and therefore, higher ratings under the applicable diagnostic codes are not warranted.

The Board denied the veteran's claim for a rating higher than 30 percent for post-operative right ankle fusion as there was no evidence of nonunion with loose motion requiring a brace, or ankylosis in the required ranges.

The veteran's claims for increased ratings for his service-connected disabilities were denied as the evidence did not support a higher rating.

The Board denied the veteran's claims for service connection for a bilateral hip disorder, a bilateral knee disorder and a right ankle disorder as there was no evidence of current disabilities.

The Board denied the veteran's claims for service connection, reopening of a claim for residuals of a concussion, and increased ratings for right ankle and left knee disabilities.

The veteran's service-connected disabilities, alone, have rendered him unable to pursue or maintain gainful employment.

The veteran's service-connected left ankle degenerative joint disease (claimed as residuals of left ankle fracture) was rated at 10 percent disabling effective July 25, 2008.

The veteran's claims for service connection for headaches, light sensitivity of the eyes, residuals of a neck injury, bilateral wrist disability, bilateral knee disability, bilateral ankle disability, bilateral foot disability and scars on both shins were denied as there was no evidence linking these conditions to his military service.