Ankle decisions — 2000

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.

The veteran's service-connected left ankle disability is currently rated at 20 percent, and the Board finds that it does not meet the criteria for a higher rating based on ankylosis.

The Board denied the veteran's claims for service connection for neurological damage to the feet and ankles, a compensable rating for skin disease of the hands and penis, and a compensable rating for callosities of the feet. The reasons given were that there was no evidence linking these conditions to service or service-connected disabilities.

The VA has determined that the veteran's service-connected left ankle sprain does not warrant a rating higher than 10 percent.

The Board has denied the veteran's claim for service connection for a bilateral ankle disability as his claim is not well-grounded.

The Board has denied the veteran's claim for service connection for arthritis of ankles, knees and back as secondary to his right flat foot with hallux valgus and arthritis. The issue regarding bilateral hip replacement is remanded.

The Board denied service connection for the claimed left shoulder disorder, pilonidal cyst residuals, and right ankle disorder due to lack of competent medical evidence linking these conditions to active service.

The veteran is granted a certificate of eligibility for assistance in acquiring specially adapted housing due to service-connected conditions affecting multiple joints, including the right hip and left hip. The special home adaptation grant claim is denied as it would be precluded by the benefits already awarded under section 2101(a).

The Board has dismissed the appeal because the veteran died during the pendency of his appeal, and thus no jurisdiction remains to adjudicate the merits of his claim.