Ankle decisions — 2000

The Board denied service connection for residuals of a right ankle injury and denied increased ratings for postoperative residuals of a grenade wound to the right hand and cephalalgia.

The Board denied the appellant's claim for an earlier effective date for educational assistance benefits under chapter 35 of title 38, United States Code. The decision found that the earliest she could have applied was when her husband became permanently and totally disabled in 1992, which is one year before March 4, 1996, when her application was received.

The Board has determined that there is no competent medical evidence linking any of the claimed conditions to service, and thus the veteran's claims for service connection are denied.

The veteran's claim for an increased rating for his service-connected right ankle disability is denied due to his failure to report for scheduled VA examinations without good cause shown.

The Board granted service connection for right ankle disability and denied claims for left knee, low back, and left ankle disabilities. The veteran's right ankle disability is rated at 10 percent.

The Board has remanded the case for additional development, including obtaining VA treatment records from specific facilities and scheduling a VA examination to assess the current severity of the right knee disability. The claim for service connection for hepatitis and the issue regarding the right ankle disorder will be reconsidered in light of any new evidence submitted.

The Board denied the veteran's claims for service connection for hepatitis and an increased rating for his left ankle/foot condition, finding that they were not well grounded.

The Board denied the veteran's claims for service connection for bilateral pes planus, tinea pedis, a left ankle disability, and a left great toe disability. The Board found that the veteran's bilateral pes planus was not incurred or aggravated by service.

The Board has determined that the reduction from a 10 percent evaluation to a noncompensable evaluation for post-operative residuals of a bimalleolar fracture of the right ankle was proper based on clinical findings at an October 1995 VA examination.

The RO denied higher initial evaluations for the veteran's service-connected disabilities, including headaches, degenerative arthritis of the lower lumbar spine, tinnitus, residuals of a fracture of the ulna, and hemorrhoids. The claims for sinusitis, stomach disorder, labyrinthitis, otitis media, right wrist disorder, and lung disorder with sleep disturbances are not well grounded.

The Board has determined that the veteran's claims of entitlement to service connection for loss of balance, blurred vision, headaches, numbness in the hands, pain in the hips, a bilateral knee disorder and a bilateral ankle disorder are not well grounded.

The Board found that the veteran's claims for service connection of a back disability, hip disorder, shin splints of the right leg and right ankle disability were not well-grounded.

The Board has denied the veteran's claims for increased evaluations of his left and right ankle disabilities, as well as service connection for a depressive disorder. The issues of service connection for back, heart, right knee and right eye disorders, and increased evaluations for foot fungus and stomach lipomas are also addressed.

The Board denied the veteran's claims for an increased evaluation of his left ankle disability and service connection for a bilateral knee disorder, finding that there was no evidence linking the current knee condition to service or his service-connected left ankle disability.

The Board found that the veteran's left ankle disorder, characterized by moderate limitation of motion, did not warrant a rating in excess of 10 percent from the date of his separation from active service.

The Board found that the veteran's claims for service connection were not well grounded and denied them.

The Board found that the veteran's claims for service connection for respiratory, digestive, musculoskeletal and/or connective tissue disorders on a direct basis are not well grounded. The claims for skin rash (other than cysts) were also denied as there was no competent medical evidence linking these conditions to active service.

The Board denied the veteran's claims for service connection for residuals of a left ankle injury and an earlier effective date for her 40 percent disability rating for sacroiliac joint dysfunction. The Board found that there was no current diagnosis of a chronic left ankle disability, thus not meeting the well-grounded claim requirement. For the sacroiliac joint dysfunction, the Board noted that while she had symptoms related to this condition during service and post-service, there was insufficient evidence to establish a current disability.

The Board has reopened the veteran's claim for service connection for a bilateral knee disorder and determined that it is well-grounded. The claims for left ankle, right ankle, and lumbar spine disorders are also considered well-grounded.

The VA determined that the veteran's service-connected right ankle fracture with post-traumatic arthritis and limited motion warrants a disability rating of 20 percent, effective as of the date of the decision.