Ankle decisions — 2000

The VA determined that the veteran's scars on his left leg and ankle do not meet the criteria for a compensable evaluation.

The veteran's claims for service connection have been reopened due to the submission of new evidence. The appeals are mixed, with some issues granted and others not.

The Board denied the veteran's claims for increased ratings for his service-connected osteoarthritis of the dorsal spine, dermatitis with a history of yaws, right wrist osteoarthritis, and left ankle sprain with osteoarthritis. The highest schedular rating available under the applicable criteria was assigned.

The Board denied the veteran's claims for an initial rating in excess of 10 percent for his left ankle disability, a prior effective date for PTSD, and TDIU due to service-connected disabilities. The appeals were not about service connection at all.

The veteran's right shoulder and ankle disabilities are rated at 10% each. The right AC joint disability is granted a 20% rating, while the right ankle disability remains at 10%.

The veteran's claim for service connection for bilateral hearing loss was denied, and his claim for an increased evaluation for left ankle disability was granted with a 20 percent rating.

The Board has determined that the veteran does not currently suffer from residuals of a right ankle sprain. The claims for service connection for left knee disorder, short-term memory loss, loose stools, and asthma are being remanded to obtain additional development.

The Board has granted a 30 percent evaluation for the veteran's residuals of a shell fragment wound to the left ankle, with flexor pollicis tendon damage and hammertoe effect.

The Board denied secondary service connection for back and right knee disabilities, granted a 10 percent rating for the right ankle disability, but denied an increased rating for residuals of shell fragment wounds to the right thigh.

The Board denied the veteran's claims for service connection for various gastrointestinal, respiratory, and neurological disorders, finding that they were not incurred or aggravated by his military service.

The veteran's claim for nonservice-connected pension benefits was not filed until November 6, 1997. The Board denied the request for an effective date prior to this date.

The Board has determined that the veteran's overpayment of disability compensation benefits should be waived for a portion covering December 1, 1994, through March 31, 1998. However, recovery is denied for the period from October 1, 1994, through November 31, 1994.

The Board has granted service connection for a bilateral hip condition as secondary to the veteran's service-connected right ankle fracture. The rating for residuals of a fracture of the right ankle with degenerative changes is increased from 10% to 20%. The claim for an increased disability evaluation rating for a right fifth metatarsal fracture remains unresolved.

The Board denied service connection for residuals of left ankle and right tibia injuries, as well as an increased evaluation for the veteran's eye condition. The headaches were rated at 10 percent.

The Board denied the veteran's claims for service connection and an earlier effective date for a compensable rating of his left ankle disability. The veteran was granted service connection in 1947, but did not appeal this decision. He later sought to reopen his claim in 1992, but the RO found that he had not provided evidence showing an ascertainable increase in his left ankle disability prior to May 7, 1991.

The Board denied the claim of service connection for a right ankle disorder, finding no evidence of a separate disability other than pes planus.

The Board denied the appellant's claims for increased ratings for his service-connected traumatic arthritis of the ankles and feet, finding that the current disability evaluations were appropriate based on the evidence of record.

The Board has reopened the veteran's claims for lumbar scoliosis and residuals of a right ankle sprain, finding new and material evidence. The gastrointestinal disorder claim is also well-grounded. Service connection will be granted for these conditions as secondary to service-connected PTSD.

The Board denied the appellant's petition to reopen his claim for service connection for a left ankle disability, finding that new evidence did not provide a basis to relate any current left ankle disability to his period of active duty.

The VA determined that the veteran's right ankle disability, which is a healed fracture with degenerative changes, does not warrant an evaluation in excess of 10 percent.