Ankle decisions — 2001

The veteran's hepatitis C and avulsion chip fracture of the left ankle and fibula are currently rated at their maximum allowable levels under VA rating criteria, with no evidence supporting a higher evaluation.

The Board has determined that the veteran's tinnitus had its inception during active service and granted service connection for this condition. The issues of bilateral hearing loss, left ankle injury, and right elbow disability are still pending.

The veteran's right ankle ligamentous pain and instability are found to be due to an injury that occurred during service, thus warranting service connection.

The Board denied the veteran's claims for increased ratings for various service-connected disabilities, including thoracic spine contusion with T4-5 deformity, sural nerve impairment of the right foot, and various knee and ankle disabilities. The evaluations were all denied as not meeting the criteria for an increase in disability rating.

The Board has remanded the case for additional development, including obtaining medical records and scheduling examinations to determine the current severity of the appellant's service-connected lumbosacral strain and any left ankle disorder. The claims for increased disability evaluation and service connection will be readjudicated after these actions.

The Board has reviewed the veteran's claims and found that new and material evidence has not been submitted to reopen several service connection claims. The original denial of these claims remains final.

The veteran's service-connected left ankle sprain and lumbosacral strain resulted in a temporary total disability rating due to hospitalization, with the effective date for the increased disability ratings set at February 21, 1990.

The Board denied an increased evaluation for the veteran's service-connected right ankle disability, finding no evidence of ankylosis or active osteomyelitis.

The Board has determined that the appellant's service-connected left ankle disorder warrants a 20 percent evaluation, which is the highest schedular rating available. The claim for an increased evaluation above this level remains denied. Additionally, the issue of entitlement to an extraschedular disability rating was considered and found not to be warranted.

The RO granted a higher rating of 20 percent for the service-connected right knee disorder effective from November 15, 1999. The appeal for a higher rating for this condition continues.

The Board has determined that the veteran's current DJD of the right ankle is not related to his inservice injury, and thus denied his claim for service connection.

The Board denied the veteran's claims for service connection for a left ankle disability as secondary to his service-connected plantar fasciitis and an increased rating for his service-connected plantar fasciitis.

The veteran's claim for an earlier effective date for a 10% disability rating for his service-connected right ankle fracture was denied as there is no objective medical evidence to support the increase in disability prior to April 9, 1999.

The Board has denied the veteran's claims for service connection for right ear hearing loss, residuals of a right ankle injury, and a right foot disorder. The claim for compensable initial disability rating for sinusitis is not established as noncompensable.

The VA has denied the appellant's claims for increased ratings for shell fragment wound scars of the left foot and right lower extremity, including residuals of a shell fragment wound to the right ankle. The VA found that there were no significant functional limitations or tissue loss.

The Board has granted a 20 percent disability rating for the veteran's service-connected status post left ankle surgery for talocalcaneal fusion, finding that this level of disability warrants an increased evaluation.

The Board has granted increased evaluations for the veteran's right knee instability and arthritis, as well as his left ankle degenerative joint disease. The current ratings are 10 percent for each condition.

The veteran's appeal is remanded due to the need for additional medical records and examination, as well as compliance with the Veterans Claims Assistance Act of 2000.

The Board denied the veteran's claims for increased evaluations of his service-connected left leg and foot disabilities, finding that the current ratings adequately reflected the severity of these conditions.

The Board has determined that the veteran's claims for increased ratings for chronic left ankle sprains and chronic cervical strain with headaches are denied as there is no evidence to support a higher rating based on current symptoms.