Ankle decisions — 2001

The veteran's appeal is denied as the RO has not obtained a higher evaluation for his left leg injury and he does not meet the criteria for VA dental treatment.

The VA granted the veteran's claims for increased evaluations for his service-connected posttraumatic arthritis of the left ankle and patellofemoral pain syndrome of both knees, assigning a 20 percent evaluation effective May 15, 2000.

The Board denied the veteran's claim for an earlier effective date of June 3, 1994 for a total disability rating based on individual unemployability due to service-connected disabilities. The evidence did not show that the veteran was unable to secure or follow substantially gainful employment prior to this date.

The Board has granted a 30 percent evaluation for the veteran's residuals of a left ankle fracture, finding that the disability more nearly approximates ankylosis of the ankle in dorsiflexion between zero degrees and 10 degrees.

The Board has reopened the veteran's claim of service connection for residuals of a left ankle injury due to new and material evidence submitted since the September 1997 decision. The case is now remanded for further development, including obtaining medical records and scheduling an examination.

The Board found that service connection for disabilities of the right ankle, hip, and foot as secondary to service-connected GSW residuals is not warranted due to lack of diagnosed conditions. The veteran's claim for an increased rating for his service-connected GSW residuals was also considered but no remand was necessary.

The VA determined that the veteran's right ankle fracture residuals do not warrant a rating higher than 10 percent.

The VA denied an evaluation greater than 10 percent for the veteran's right ankle disability, finding that the condition primarily manifests as pain and does not present with marked limitation of motion. The RO determined that a rating higher than 10 percent is not warranted.

The Board has granted a 20 percent evaluation for the veteran's residuals of a right ankle injury, which is the maximum available under the applicable rating criteria.

The veteran's right ankle disability warrants a rating of 20 percent, the maximum available under Diagnostic Code 5271 for marked limitation of motion.

The veteran's right ankle disability was initially rated noncompensable prior to July 14, 1994 and subsequently rated at 10 percent effective from that date. The Board found the evidence insufficient for a higher rating.

The Board denied the veteran's requests for an extension of a temporary total evaluation due to treatment for his service-connected right ankle disability and an increased rating for residuals of a right ankle fracture, status-post fusion. The veteran was not granted any additional ratings beyond the current 20 percent assigned for the right ankle fracture.

The veteran's disability compensation benefits are properly subject to recoupment due to the separation pay he received when he was discharged from service. The claim of entitlement to waiver of recoupment of compensation pay lacks legal merit.

The case is being remanded to the RO for additional development, including a new examination of the veteran's left knee and consideration of service connection claims for left ankle and wrist disorders. The veteran will also be provided with a statement of the case on these issues.

The Board found that the veteran's right ankle disability did not result from disease or injury in service and denied his claim for service connection.

The veteran is seeking service connection for a left below the knee amputation as secondary to his service-connected old fracture, left lower tibia and ankle mal-alignment and eversion of foot. He also seeks an increased evaluation for this disability. The Board has determined that further development is needed before these claims can be decided.

The Board has granted a 20 percent rating for the veteran's service-connected residuals, fracture of the left ankle. The veteran's service-connected residuals, fracture of the left femur are rated at 10 percent and not in need of an increased evaluation. The veteran's service-connected residuals, fracture of the left maxillar alveolus and residuals, fracture of the left mandibular alveolus do not warrant a compensable rating.

The veteran's cervical disc disease is rated at 10 percent from June 13, 2000, and at 20 percent from May 13, 2000. The right ankle disability does not meet the criteria for a higher evaluation. The right shoulder arthritis is rated at 10 percent from June 13, 1996, and at 20 percent from June 24, 2000.

The Board denied the veteran's claims for service connection and initial compensable ratings for his cervical spine disorder, bilateral compartment syndrome, recurrent knee strains, chronic ankle strain, and right ankle fracture. The appeals were based on direct service connection.

The Board has granted a 20 percent rating for the veteran's service-connected postoperative residuals of a left ankle fracture with traumatic arthritis, finding that his disability is manifested by malunion of the fibula with marked ankle disability.