Ankle decisions — 2000

The Board found that the veteran's service-connected right ankle sprain warranted a 10 percent disability rating, as it met criteria for moderate limitation of motion. The veteran did not meet the criteria for a higher 20 percent rating due to marked limitation of motion.

The Board has remanded the case for additional development, including obtaining missing service medical records and a VA examination to determine the current severity of the veteran's service-connected residuals of a fractured right ankle.

The Board has determined that the veteran's current left ankle disorder is causally related to service, and thus granted his claim for service connection.

The veteran's initial disability ratings for his service-connected left ankle and middle finger injuries have been granted. The left ankle injury is rated at 10%, while the left middle finger injury remains noncompensable.

The Board denied the veteran's claims for service connection for right knee disability, left ankle disability, and bilateral pes planus. The conditions were found to be not incurred or aggravated by service.

The veteran is seeking an increased rating for his service-connected left ankle fracture, but the case has been remanded due to incomplete medical examination and development.

The Board has granted service connection for recurrent right ankle sprain and left knee degenerative joint disease, both rated at 10 percent disabling from February 2, 1998.

The Board has determined that the veteran's service-connected left knee disability, right knee disability, and right ankle disability do not warrant higher ratings as they are currently evaluated.

The VA denied the veteran's claims for higher initial evaluations for his left ankle arthritis and right knee injury, finding that the current 20 percent and 10 percent ratings are appropriate based on the findings from a 1998 examination.

The veteran is permanently and totally disabled due to multiple physical disabilities, including degenerative intervertebral disc disease of the lumbar spine, traumatic arthritis of the right ankle joint, reflex sympathetic dystrophy of the right leg and foot, mild chronic obstructive pulmonary disease, gastroesophageal reflux disease, and bilateral hearing loss. The Board finds that he meets the criteria for a permanent and total disability rating for pension purposes.

The veteran's appeal is being remanded for additional development of his claims, including the assignment of separate disability ratings and service connection for secondary disabilities.

The Board denied the appellant's claims for service connection and increased ratings for various knee, ankle, and foot disabilities due to a lack of competent medical evidence linking these conditions to military service.

The Board has determined that the veteran's left ankle disorder, characterized by severe pain and weakness with marked limitation of motion, warrants a 30 percent evaluation under Diagnostic Code 5271.

The Board found that the evidence received since the February 1981 rating decision is not new and material, thus denying the veteran's request to reopen his claim of entitlement to service connection for a left ankle disability.

The Board has denied the veteran's claims for service connection for various conditions, including PTSD, alcohol abuse, a personality disorder, degenerative joint disease of the back, skin cancer of the arms and shoulders, partial removal of the liver and intestines, urinary bladder disorder, gall bladder disorder, prostate disorder, gunshot wound of the left hand and left ankle, and residuals of fractures of the ribs. The Board found that there was no confirmed diagnosis of a personality disorder in the record.

The Board has granted service connection for tension headaches and assigned a 10 percent rating effective from August 3, 2000. The other claims of service connection remain pending.

The Board has determined that the veteran does not have a current bilateral ankle disorder and therefore, service connection for this condition cannot be granted.

The veteran's claim for an increased evaluation for his left ankle fracture with traumatic arthritis is denied as the current rating of 20 percent is the maximum allowed under the applicable diagnostic code.

The veteran's appeal is being remanded due to a significant change in the law regarding VA's duty to assist. The case will be held in abeyance until it can be determined whether there are records that could establish an earlier effective date for the award of the 10 percent rating.