Ankle decisions — 2001

The veteran's service-connected disabilities, including arthritis of the lumbar spine with DDD, left and right knee and ankle arthritides, as well as postoperative foot disabilities, have been granted increased evaluations.

The Board found that the veteran's disorders of the feet and right ankle did not begin in or are aggravated by service, nor were they caused by a service-connected disability. The Board also found that his service-connected residuals of a punji stick wound to the right upper thigh do not warrant an increased rating.

The Board has determined that the veteran's right foot, ankle, and knee disorders are not service-connected. However, the veteran's follicular dermatitis and eczema have been rated at 10 percent since September 2000.

The veteran's combined service-connected disability rating is 70%, and he has overcome his employment handicap by securing and maintaining a job consistent with his abilities, aptitudes, and interests.

The Board has determined that the veteran's left ankle disability, currently rated at 30 percent disabling under DC 5262 (impairment of tibia and fibula), does not meet or approximate criteria for a higher evaluation based on additional limitation of motion, ankylosis, malunion, or astragalectomy. The evidence does not support findings of nonunion of the tibia/fibula or ankle ankylosis.

The Board denied the veteran's claims for increased evaluations of his right ankle and shoulder disabilities, finding that new and material evidence had not been submitted to reopen a claim for service connection for residuals of a back injury. The ratings assigned were 20% for the right ankle and 10% for the right shoulder.

The Board has determined that new and material evidence was presented to reopen the veteran's claim of entitlement to service connection for carpal tunnel syndrome (CTS) of the right wrist. The CTS is found to be proximately due to or the result of his service-connected postoperative residuals of an arthroplasty of the MCP joint of the right middle finger.

The Board has determined that the reduction in the veteran's VA disability compensation award was proper due to his incarceration following a felony conviction, and thus denied the claim.

The Board denied the veteran's claims for service connection for a psychiatric disability, including memory loss; left ankle disability; and headaches. The claim for increased rating for right ankle disability was also denied.

The Board found that the veteran's service-connected disabilities did not cause or contribute substantially to his death from asystole due to respiratory arrest. The appellant's claim for service connection for the cause of her husband's death was denied.

The veteran's claim for an increased evaluation of his service-connected left ankle fracture was denied. The RO continued the current 10 percent disability rating, despite the veteran reporting significant pain and functional limitations.

The Board has determined that the veteran's left olecranon fracture with retained foreign bodies, right distal fibula fracture with retained foreign bodies and limitation of ankle motion, and left fibula and femoral condyle fracture with arthritis disabilities are each rated at their highest possible schedular evaluations.

The veteran's claim for an increased rating in excess of 10 percent for a right ankle disability with foot pain and limitation of motion is denied due to his failure to report for scheduled VA examinations.

The Board denied the veteran's claims for service connection for various conditions, including hypertension, psychiatric disorders other than PTSD, bilateral knee and ankle disabilities, right ear disability, bilateral hip and shoulder disabilities. The evidence did not establish a link between these conditions and service.

The Board has granted service connection for the veteran's cervical spine osteophytes with radiculopathy and has assigned a 20% rating. The ratings for the right knee, left knee, hypertension, and low back condition are all in accordance with current regulations.

The Board has denied the veteran's claims for service connection for a back disorder and bilateral leg disorders, as well as his increased evaluations for asthma, sinusitis, and nasal polyps. The reasons include failure to appear for VA examinations related to these issues.

The veteran's appeal is remanded for additional development, including a VA examination to assess the severity of his right ankle disability and determine if he experiences functional loss due to pain or weakness.

The veteran's claim for an increased rating for his left ankle sprain, severe, lateral ligament condition is granted. Service connection for a low back condition and right leg/right ankle condition secondary to the service-connected left ankle condition are also granted.

The Board has determined that a higher rating for the veteran's right ankle disorder is warranted prior to September 12, 1995. After this date, the evidence does not support a higher rating. The service connection for the right hip and right foot disorders was severed due to clear and unmistakable error in granting these conditions.

The Board denied service connection for residuals of a right ankle injury and did not grant compensation under 38 U.S.C.A. § 1151 for the veteran's injuries, including those resulting from a motor vehicle accident.