Ankle decisions — 2001

The Board denied a claim for a disability rating in excess of 20 percent for residuals of a right ankle fracture, finding that the evidence did not show ankylosis and concluding that the veteran's current symptoms were attributable to other conditions.

The Board denied the veteran's claims for service connection for a left ankle disability and an initial rating in excess of 10 percent for sacroiliac strain. The RO must ensure all notification and development action required by VCAA is satisfied.

The Board has determined that the cause of the veteran's death was incurred in active service, specifically due to hypertension and congestive heart failure.

The Board has determined that the veteran's right ankle disability, currently rated at 10 percent, does not warrant a higher evaluation due to moderate limitation of motion. The current rating adequately reflects the veteran's functional impairment.

The VA denied the veteran's claim for a total rating based on individual unemployability due to service-connected disabilities, as his conditions do not render him unable to secure or follow a substantially gainful occupation.

The Board denied the veteran's request for an effective date prior to October 8, 1998 for a grant of improved disability pension benefits based on his permanent and total disability status due to injuries sustained in an industrial accident. The veteran was found not to have filed a claim within one year following his January 28, 1985 injury.

The Board denied the petition to reopen a claim for service connection for residuals of a right ankle fracture, finding that new and material evidence was not presented.

The Board has determined that the appellant's left ankle fracture and hypertension do not warrant higher ratings under the applicable rating criteria.

The Board has determined that the veteran's service-connected residuals of a gunshot wound to the left ankle meet the criteria for a 30 percent rating, which is granted.

The veteran's appeal is being remanded for additional development of her service connection claims, including obtaining missing service medical records and scheduling VA examinations. Her claim for a higher rating for hepatitis C will also be addressed.

The Board found that the reduction from a 20% to a 10% rating for residuals of a right ankle injury was not warranted, and thus denied the reduction. The veteran's condition did not show material improvement in his disability as compared to previous evaluations.

The VA denied the veteran's claim for payment or reimbursement of unauthorized medical expenses for private care rendered on May 24, 1999 due to lack of authorization and because the treatment was not in a medical emergency that would have been hazardous to life or health.

The Board has determined that the veteran does not have a current right ankle disorder that was incurred or aggravated by service. The RO must attempt to locate and obtain additional service personnel records which may substantiate the veteran's claimed in-service disciplinary action related to substance abuse, as well as arrange for VA examinations of the veteran's mental status and his knees.

The Board has recharacterized the issue on appeal as denial of service connection for an ankle disorder. The veteran's claims for gastrointestinal, cardiovascular, pulmonary, and skin rash of the feet disorders were previously denied in September 1994 and June 1995 respectively, with no new or material evidence submitted to reopen these claims.

The Board has determined that additional development is needed in order to properly adjudicate the veteran's claims, including obtaining medical opinions and records.

The VA denied the veteran's claim for an increased evaluation in excess of 20 percent for his service-connected left ankle fracture, postoperative.

The veteran's PTSD is rated at 50 percent, effective from the date of claim. Service connection for a left ankle injury was granted.

The veteran's request for an increased evaluation of his service-connected traumatic arthritis of the right ankle was denied by the RO.

The Board has determined that the veteran's right ankle and back disorders are related to service, resulting in a grant of service connection for these conditions.

The Board denied increased disability ratings for the appellant's service-connected right and left ankle sprains.