Ankle decisions — 2001

The Board has reopened the claim of service connection for residuals of a left ankle fracture due to new and material evidence submitted since the final February 1995 determination.

The Board has granted service connection for bilateral hearing loss and left knee disability, but denied the other issues. The veteran's claim of entitlement to a compensable rating for a scalp scar is pending.

The Board has denied the veteran's claims for increased ratings for his service-connected low back disability, right ankle fracture residuals, and plantar fasciitis.

The Board found that the veteran's claimed ankle disabilities were not incurred in or aggravated by active service and denied his claims.

The Board has determined that the veteran's bilateral hearing loss and right ankle disability were not incurred in or aggravated by active service.

The Board denied the veteran's claim for service connection for right foot and right ankle injury residuals due to lack of well-groundedness, but remanded the matter for further action.

The veteran's appeal is being remanded for additional examination and consideration of his claim for an increased disability rating for his right ankle disability.

The veteran's claim for an effective date prior to October 27, 1999 for the grant of service connection for a recurrent left ankle sprain is denied.

The Board found no current medical evidence of a left knee, right ankle, or left ankle disorder. The veteran's service records do not show any ongoing issues with his knees and ankles post-service. Therefore, the claims for service connection were denied.

The Board denied service connection for right heel bursitis and an increased rating for the veteran's right ankle disability. The claim of service connection was reopened, but the new evidence did not support reopening or granting service connection.

The Board denied the veteran's claims for increased ratings and to reopen his service connection claims, maintaining that new evidence did not warrant reopening of the right ankle and knee disability claims, and denying a left knee disability claim. The low back disability was rated at 20 percent.

The veteran's claim for an effective date earlier than May 22, 1996, for assignment of a 10 percent evaluation for his left ankle disability is denied.

The Board has determined that the appellant's right ankle disorder is not related to service and therefore denied her claim.

The Board found that the veteran's left knee and right ankle disabilities were not incurred in or aggravated by active service, nor may arthritis be presumed to have been so incurred. The preponderance of evidence shows these disabilities are not related to his period of active service.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for reflex sympathetic dystrophy of the right ankle, which is currently service-connected. The medical evidence supports a finding that this disability is related to the veteran's in-service injury.

The veteran's service-connected right ankle disability resulted in severe postoperative residuals, necessitating convalescence through December 31, 1998. The Board granted an extension of a temporary total rating beyond September 30, 1998.

The veteran's claim for an increased disability evaluation for his left ankle injury was granted, but he still seeks service connection for the condition.

The veteran's claim for a rating in excess of 20 percent for postoperative residuals of left ankle sprains was denied. The claim for temporary total disability rating under the provisions of 38 C.F.R. Part 4, § 4.30 prior to June 29, 1993, is not legally meritorious.

The Board has denied both the veteran's claims for an initial rating in excess of 10 percent for chronic low back pain with degenerative disc disease of the lumbar spine and for a compensable rating for a chronic left ankle sprain.

The Board has determined that the veteran does not have a current right knee disability and denied his claims for increased evaluations of his left ankle scar, osteomyelitis of the left tibia, residuals of a fractured left tibia and fibula, and entitlement to TDIU.