Ankle decisions — 2001

The Board has dismissed the matter of direct-payment fee eligibility as referred to the Board by the RO, due to lack of original jurisdiction.

The Board finds that the preponderance of evidence is against the veteran's claim for service connection for a left ankle disability, to include as secondary to her service-connected right ankle disability. There is no medical evidence showing a nexus or link between any current left ankle disability and an injury incurred on active duty or to her service-connected right ankle disability.

The Board of Veterans' Appeals has denied the veteran's claim for service connection for a left ankle disorder, finding that it is not well-grounded and requiring further development to determine if there is any relationship between the current left ankle disorder and either an in-service injury or his service-connected right knee disability.

The Board has denied the veteran's claims for an increased evaluation for his right ankle disability and service connection for a herniated disc, finding that there was insufficient evidence to support these claims.

The Board denied the veteran's request to restore a 30 percent evaluation for his service-connected right ankle disorder and also denied his claim for an increased rating.

The Board has determined that the veteran's back disorder, bilateral ankle disorder, and Charcot-Marie-Tooth syndrome are all service-connected. The evidence supports these findings based on his combat experience during World War II.

The Board has determined that additional development is necessary for both the veteran's motor vehicle accident and left ear hearing loss claims, including obtaining an accident report from Honolulu police department and records related to the in-service line of duty determination. The veteran's claim for service connection for residuals of a motor vehicle accident will be remanded for these purposes.

The Board is unable to determine whether the veteran's claimed conditions are related to his military service, as there is insufficient evidence in the record. The case must be remanded for further examination and evaluation.

The Board denied the veteran's claims for increased ratings and service connection, finding that the current rating of 20% adequately reflects his right ankle disability. The left knee disorder was found to be secondary to the right ankle disorder, but not service-connected. Hearing loss and tinnitus were also not service-connected.

The Board granted a higher initial disability rating of 30 percent for the veteran's service-connected left ankle disability, effective November 1, 1994. The issue of service connection for left knee disability was not addressed as it is not currently present.

The Board has granted service connection for bilateral pes planus with plantar fasciitis, but the effective date remains December 20, 1997.

The Board found that the veteran's right ankle disability and bilateral pes cavus were not incurred in or aggravated by active military service. The ingrown toenail was determined to be a preexisting condition that did not worsen during service.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of entitlement to service connection for a right leg and ankle disability. The case will be further adjudicated based on this new evidence.

The veteran's claims for service connection for hyperkeratosis of the feet, right ankle sprain, right ear hearing loss, and right heel calcaneal spur were denied as there is no medical evidence linking these conditions to his military service.

The veteran's left ankle disability, which was granted service connection for in September 1996 and rated at 10 percent, has been evaluated based on the current symptoms of mild swelling and limited range of motion. The current evaluation is considered appropriate given these findings.

The veteran's service-connected PTSD renders him unemployable, and the Board has granted a total disability evaluation based on individual unemployability (TDIU).

The Board has granted a 10 percent evaluation for the service-connected right ankle disability, which is more than the minimum schedular evaluation required. The lumbar spine issue remains in appellate status.

The VA denied an evaluation in excess of 10 percent for the veteran's postoperative residuals of a right ankle fracture, finding that the disability did not meet criteria for a higher rating.

The Board has remanded this case for further development, including obtaining medical records and opinions regarding the veteran's right ankle disability and left ankle disorder. The issues of entitlement to increased evaluation for the right ankle sprain with minimal osteoarthritis and service connection for a left ankle disorder secondary to the right ankle disability are also being addressed.

The Board denied the veteran's claims for service connection for a chronic right ankle disability, an evaluation in excess of 30 percent for his heart disability, and an evaluation in excess of 20 percent for his umbilical hernia. The appeals were based on direct service connection.