Ankle decisions — 2001

The Board has granted a 10 percent evaluation for multiple, noncompensable service-connected disabilities, including hearing loss and residuals of cellulitis of the left ankle.

The veteran's service-connected scar of the left side of the chin is granted. The veteran disagrees with the initial noncompensable rating assigned for his service-connected residual scar of the right ankle.

The veteran's appeal is about the rating for his left ankle disability, which was previously rated as 30 percent disabling. The RO has requested additional development to determine if an increased rating can be granted.

The Board has decided to remand the case for further development, including a VA examination and compliance with the Veterans Claims Assistance Act of 2000.

The Board has determined that there is no current evidence of residuals of a left ankle sprain or decompression sickness including vertigo and hearing loss, and the veteran's service-connected hemorrhoids are currently rated as 10 percent disabling. The appeal for these issues is denied.

The VA has granted a 20 percent rating for the veteran's service-connected right ankle injury, effective from November 14, 1998. A separate 10 percent rating is also assigned for the postoperative scar on the right ankle.

The Board finds that the appellant's claimed spinal, left ankle and TMJ disabilities were not incurred or aggravated in active service. The evidence does not support a finding of service connection for these conditions.

The Board denied the veteran's claim for an increased rating for postoperative residuals of arthrotomy, left ankle injury as there was no evidence of marked limitation of motion of the ankle to warrant a higher rating.

The veteran's claim for an evaluation in excess of 20 percent prior to September 2, 1999 and a current evaluation in excess of 30 percent for residuals of injury to the left foot and ankle has been denied. The maximum rating of 30 percent is currently assigned.

The VA determined that the appellant's service-connected chronic left ankle pain, status post fracture and Crissmon-Snook procedure, warrants a 20 percent rating but not an evaluation in excess of this.

The Board has granted a higher initial disability rating of 20 percent for the veteran's service-connected right ankle disability and assigned a noncompensable rating for his tinea pedis.

The Board denied the veteran's claims for increased rating for bilateral pes planus and service connection for back, ankle, and knee disabilities secondary to his service-connected bilateral pes planus.

The veteran's claims for increased ratings and service connection were granted, with a 10 percent evaluation assigned for residuals of fracture of the left ankle. Service connection was denied for low back disorder and warts of the extremities.

The Board denied the veteran's claims for service connection and compensation for various disabilities, including a bilateral hearing loss disorder, right thigh scar, right leg disability, right ankle disability, back disability, and nervous disorder. The decision also addressed whether new and material evidence had been submitted to reopen his claim for a bilateral hearing loss disorder.

The Board has determined that the veteran's claim for service connection for residuals of a right ankle injury is granted, as it is found to be related to her in-service injury.

The veteran's appeal is being remanded for further development due to the Board's failure to consider the criteria for ratings greater than those currently assigned.

The veteran's claims for service connection were denied as his conditions are not related to military service or due to an undiagnosed illness. The subcutaneous nodule of the right costal margin is presumed to have been incurred during active duty.

The Board denied the veteran's claims for service connection for bilateral hearing loss and residuals of a left ankle injury, as well as his claim for an increased rating for PTSD. The effective date for the 100 percent schedular rating for PTSD was set at September 1, 1998.

The veteran's claims for service connection for stitches, as a residual of a head injury, and for residuals of a left ankle sprain are denied. There is no probative medical evidence to support these claims.

The Board denied the veteran's claims of service connection for hypertension, residuals of a stroke (claimed as loss of sight, swollen ankles, and heart damage), arteriosclerotic heart disease, right knee disorder, left knee disorder, and back disorder. The appeals were decided on the merits without any presumption or secondary service connection.