Ankle decisions — 2001

The Board has determined that the veteran's service-connected left fibula fracture residuals, with limitation of motion of the left ankle, warrants a 30 percent disability rating.

The Board found that the veteran does not have PTSD, and his reported symptoms of insomnia, irritability, diminished sex drive, memory loss, headaches, elbow condition, and left ankle pain are related to known clinical diagnoses rather than an undiagnosed illness. The veteran's joint pain is also considered but no specific service connection was granted.

The veteran's claim for an earlier effective date for a total rating based on individual unemployability was denied. The RO found that the increase in disability had not occurred prior to May 19, 1997.

The veteran's service connection claim for boils and abscesses is pending, as well as the issue of whether his 10 percent disability evaluation for traumatic osteoarthritis of the left ankle was proper. The RO must remand these issues due to new legal requirements under the Veterans Claims Assistance Act of 2000.

The Board found no evidence of a current disability for which service connection may be granted, including for the claimed bilateral hip condition, knee condition, ankle condition, low back condition, and hearing loss. Therefore, service connection is denied.

The veteran's service connection claims for arthritis of the ankles, degenerative changes of the lumbar and thoracic spine, and degenerative disc disease of the cervical spine have been granted. The veteran is currently assigned a noncompensable rating for arthritis in both knees.

The Board has denied the veteran's claims for service connection for bilateral hearing loss, a nervous disorder to include depression, and compensable ratings for residuals of a scar of the left thumb and residuals of a fracture of the left ankle. The evidence did not establish that these conditions were incurred or aggravated by service.

The Board has determined that the veteran's claimed PTSD, low back disability, tinea versicolor, headache disability, left ankle disability, and right ankle disability are not related to service. The VA has made efforts to obtain the veteran's service medical records but was unable to locate them.

The Board has remanded the veteran's appeal to allow for additional development, including obtaining medical records and a statement of the case (SOC) addressing her left knee condition.

The Board has determined that the veteran's claimed disabilities are not related to his service in the Persian Gulf War, and thus does not warrant service connection under the provisions of Chapter 11 of Title 38, United States Code.

The Board has determined that the veteran's claims for residuals of a left elbow fracture and arthritis of the hips and ankles are granted as they are considered direct service connection cases.

The Board has granted a 30 percent rating for postoperative residuals of a left ankle fracture, effective May 30, 1997. The claim for an increased rating for PTSD is remanded due to the need for additional development.

The Board has remanded the case for additional development to obtain all relevant medical records and provide the veteran with a VA examination. The claims for higher rating for PTSD and service connection for right ankle disorder will be reconsidered based on the new evidence.

The Board has determined that the submitted evidence does not meet the criteria for reopening the veteran's claims of service connection for a back disability and residuals of a right ankle injury.

The veteran's service-connected disabilities did not meet the criteria for additional dependency and indemnity compensation as he was not in receipt of, or entitled to receive, a total rating for eight or more years preceding his death.

The Board has determined that the veteran's service-connected residuals of injury to the left ankle and foot warrant a rating in excess of 10 percent, as her disability is manifested by chronic ankle instability, bursitis, limitation of joint function due to weakness and fatigue, and pain on palpation.

The Board has determined that further development is required before the completion of appellate action, including obtaining additional medical records and affording the veteran with examinations to determine the nature and extent of his service-connected right ankle disability and nonservice-connected disabilities. The case will be remanded for these actions.

The Board granted an initial evaluation of 40 percent for lumbar spine arthritis at L4-5-L5-S1, and denied the remaining issues.

The veteran's right ankle disorder has been reasonably shown to produce marked limited motion, but not ankylosis. The RO determined that a 20 percent disability rating was warranted for the residuals of a right ankle sprain with degenerative arthritis.

The veteran's left ankle disability is currently rated at 30 percent, which the RO increased from a noncompensable rating. The current rating reflects his complaints of constant and chronic pain, limited motion, deformity, and degenerative joint disease.