Ankle decisions — 2001

The Board has granted secondary service connection for the veteran's left foot, heel, and ankle disabilities as these conditions are proximately due to or the result of his service-connected residuals of a left knee injury with calf atrophy.

The Board has granted a 40 percent disability rating for the veteran's lumbar spine disability, effective from September 5, 1989. The left ankle disability is rated at 30 percent, and the right hip arthritis is rated at 10 percent.

The veteran's claims for service connection and original compensable evaluations for hearing loss, ankle strain in the right and left ears have been denied as there is no evidence of a preexisting condition or aggravation during service.

The Board found that new and material evidence has not been submitted to reopen a claim of entitlement to service connection for a right ankle disability. A rating in excess of 10 percent for postoperative residuals of a right knee slocum procedure is denied.

The RO denied the appellant's claims for service connection and accrued benefits, but granted service connection for residuals of a gunshot wound to the left ankle for accrued benefits purposes.

The Board has determined that the appellant does not have a current conversion disorder or psychiatric diagnosis, and therefore cannot be granted an evaluation in excess of 10 percent for a conversion reaction associated with post-operative residuals of a right ankle injury. The claims for service connection for low back and neck disorders are held in abeyance pending completion of further development.

The Board has granted a 10 percent evaluation for the veteran's left ankle disability, finding that it meets the criteria for such an evaluation based on moderate limitation of motion and instability.

The veteran's right ankle disability is rated at 10 percent for moderate limitation of motion, and no higher rating is warranted.

The veteran's left ankle injury occurred while walking in a VA medical facility, but he was not receiving any treatment or care at the time. The Board finds that the requirements for compensation under 38 U.S.C.A. § 1151 are not met.

The veteran's claim for a total evaluation based on individual unemployability due to service-connected disabilities was denied as he failed to report for a scheduled VA examination without good cause.

The veteran's right ankle disability, which is currently rated as 20 percent disabling, has been found to be productive of symptomatology most nearly approximating malunion of the tibia and fibula with marked ankle disability. The Board has therefore granted a rating of 30 percent for this condition.

The Board has granted an initial 10 percent evaluation for pyoderma effective April 1, 2001. The veteran's right ankle disability is remanded for further examination and rating considerations.

The Board has determined that the veteran does not have current right or left ankle disabilities and therefore, service connection for these conditions cannot be granted.

The veteran's claim for TDIU was denied because the service-connected PTSD did not render him unemployable, and the nonservice-connected residuals of a crush injury to his left ankle were causing his unemployment. The Board has ordered remand to obtain additional medical opinions regarding the impact of both conditions on employment.

The veteran's claim for an increased evaluation of his right ankle disability, which was initially rated as 10 percent disabling in 1971 and remained at that level until the current appeal, has been granted. The current evaluation is now 20 percent.

The veteran's service-connected right ankle disability is rated at 30 percent, and his combined rating includes a 60 percent rating for asbestosis. The Board finds that the veteran does not meet the criteria for a total disability rating based on individual unemployability due to service-connected disabilities.

The Board has determined that the veteran does not have a current acquired psychiatric disorder, right shoulder disability (other than a scar), left knee disability, or bilateral ankle disability related to his military service. The claim for a left knee scar is denied as there is no evidence of chronic worsening due to service. Service connection was also denied for pes planus.

The veteran's residuals of right ankle fracture are productive of moderate limitation of motion, tenderness, and pain with exertion. The VA finds that the criteria for a higher evaluation have not been met.

The Board denied an increased rating for the veteran's right ankle disability, finding that the evidence did not support a higher evaluation.

The veteran is seeking service connection for injuries to his left ankle, including recurring sprains, ligament damage, and arthritis. The Board has determined that additional evidence is needed before a decision can be made.