Ankle decisions — 2000

The veteran's service-connected lumbar spine disability is found to be aggravated by his service-connected left hip arthritis and arthritis as a residual of fracture of the left ankle. Service connection for this degree of aggravation is granted.

The Board has denied the veteran's claims for service connection for a low back disorder, myopia, bilateral hearing loss, bilateral tinnitus, and a right ankle disorder due to lack of evidence showing these conditions were incurred in or aggravated by military service.

The veteran's claims for increased ratings, a temporary total disability rating based on convalescence, and a TDIU were denied. The appeal is not about service connection at all.

The Board has determined that the appellant's claims for service connection for left ear hearing loss disability, bilateral ankle disorder, and persistent diarrhea are not well grounded. The evidence does not establish a current disability in any of these conditions as defined by VA regulations.

The veteran's claim for an earlier effective date for TDIU was denied as it was not factually ascertainable within the year prior to September 4, 1997 that he was entitled to TDIU benefits due to his service-connected disabilities.

The Board denied the veteran's claims for service connection for psychiatric disability, to include PTSD, and right ankle disability. The claim for an increased rating for bilateral conjunctivitis was remanded.

The Board has determined that the veteran's claim for service connection for a bilateral foot and ankle disability secondary to radiation therapy for plantar warts is well grounded. The RO should obtain relevant medical records, conduct further examination, and readjudicate the claim.

The VA has determined that a higher rating for the veteran's right ankle strain is not warranted based on current evidence of record.

The Board has found the veteran's claims for service connection for residuals of a left ankle injury and osteoarthritis to be well grounded. The RO must consider the veteran's claim for an increased rating for hypertension under both the old and new rating criteria.

The veteran's claim for an earlier effective date for the assignment of a 10 percent disability evaluation for bilateral hearing loss is granted. The issue of entitlement to a compensable evaluation for left ankle gunshot wound residuals remains pending.

The Board granted service connection for PTSD effective July 21, 1986 and a total rating based on unemployability due to service-connected disabilities effective April 15, 1989. The veteran's appeal was denied in March 1988.

The Board denied all claims of service connection for various conditions, finding that the evidence did not support a well-grounded claim for any of the listed issues.

The Board has remanded the case to the RO for further review and readjudication due to additional evidence being associated with the record.

The Board has granted a 30% rating for the veteran's left ankle disorder and separate 10% ratings for two scars as residuals of the left ankle fracture, all to the extent indicated.

The veteran's claim for a permanent and total disability rating for pension purposes was denied as his disabilities did not meet the criteria for such a rating.

The Board has denied the veteran's claims for service connection for bilateral ankle disabilities and a compensable initial rating for sleep apnea. The evidence does not support current diagnoses of these conditions.

The Board has determined that the veteran's claims are well-grounded, but denied on merits. The veteran's request for an increased rating for his right ankle condition is denied as there is no evidence of marked limitation of motion warranting a higher evaluation. However, the claim to reopen service connection for a low back disorder with degenerative changes has been granted due to new and material evidence provided by Dr. Pampati.

The Board has determined that the veteran's claim for service connection for a fractured right ankle, claimed as secondary to his service-connected right foot and ankle disabilities, is not well grounded. The evidence does not establish a relationship between the fracture and the service-connected conditions.

The Board has granted service connection for an acquired psychiatric disorder, claimed as depression, and assigned a compensable initial rating of 10% for residuals of the right ankle fracture.

The Board has determined that the veteran's claims for service connection for a low back disorder, right ankle disorder, and right foot disorder are not well-grounded. As such, these claims have been denied.