Ankle Board decisions

The Board has determined that the veteran's service-connected left ankle fracture with traumatic arthritis does not meet or approximate the criteria for a disability evaluation in excess of 20 percent.

The Board granted an increased rating of 30 percent for the veteran's right tibia and fibula disability, but denied service connection for low back disability and hearing loss.

The Board has ordered additional development due to the need for consideration of whether the veteran's service-connected right ankle disability caused or aggravated her left ankle disability.

The veteran's claims for service connection for various conditions have been denied as they are not well-grounded based on the lack of evidence showing a nexus to service.

The Board has granted the veteran's claim of service connection for PTSD, but denied his claims for bilateral hearing loss disability, tinnitus, bilateral frozen feet, a left leg disability, and a right ankle disability. The effective date remains to be determined.

The Board of Veterans' Appeals has determined that the veteran's claims for service connection for right and left ankle disabilities are denied as there is no competent medical evidence indicating current disability or a relationship to active service.

The Board found that the veteran's residuals of a left ankle injury do not warrant an increased rating greater than 30 percent, and her bilateral hearing loss is currently evaluated at 30 percent. The claims are therefore denied.

The Board has granted a 20 percent evaluation for the veteran's right ankle fracture with osteoarthritis prior to January 30, 1996 and denied any increase in rating. The low back disorder is rated at 10 percent.

The veteran's unauthorized private medical expenses incurred in September 1995 for a total knee replacement were denied because the treatment was not an emergency, and VA facilities were feasibly available.

The Board has granted service connection for degenerative joint disease of the left and right ankles, each rated at 20 percent disabling, effective from September 13, 1993. The veteran is eligible for payment of attorney fees based on these benefits.

The veteran's service-connected right ankle disability, rated at 20 percent disabling since December 22, 1990, is not entitled to a higher evaluation as the evidence does not support an increase in disability beyond marked limitation of motion.

The VA determined that the appellant's nonservice-connected disabilities do not combine to render him unemployable, and thus denied his claim for a permanent and total disability evaluation for pension purposes.

The Board found that the veteran's claims of service connection for arthritis of both feet and right ankle, as well as sleep apnea, were not well-grounded. The decision also noted that the veteran had a history of snoring during military service which was suggestive of sleep apnea.

The veteran's claims for service connection for short term memory loss, a GI disorder including gastritis with esophageal reflux and irritable bowel syndrome, and various joint pains have been denied. The Board found that the preexisting conditions were not aggravated by active service.

The Board has remanded the case for further development, including a VA examination and review of medical records. The veteran's claim for an increased evaluation for his right ankle disability is pending along with claims for service connection for right knee pain and varicose veins.

The VA denied the veteran's claims for compensable ratings for stress fracture of the left shin and right ankle, finding no objective medical evidence postservice of disability attributable to these conditions.,Additionally, the VA denied entitlement to a 10 percent evaluation based on multiple, noncompensable service-connected disabilities.

The Board has granted service connection for tinnitus and denied the other issues on appeal.

The Board denied the veteran's claim of service connection for a left foot and ankle disability due to lack of evidence linking his current conditions to his service or any inservice injury.

The Board has determined that the veteran's claims for service connection for residuals of a fungus infection of the feet, shell fragment wound of the right thigh, laceration of the left palm, and fractures of both ankles are well grounded. The VA examiners have provided credible evidence linking these conditions to his combat service in Vietnam. As such, the presumption under 38 U.S.C.A. § 1154(b) applies, and the claims for service connection are granted.