Ankle decisions — 2001

The Board of Veterans' Appeals has granted service connection for the veteran's left ankle disability, finding that it is related to service and not due to any other factor.

The Board found that the reduction in rating from 30 percent to 20 percent was not proper and restored a 30 percent evaluation for residuals of a fracture of the left ankle. The claimant is not entitled to an increased evaluation beyond 30 percent.

The Board denied the veteran's application to reopen his claim for service connection for residuals of a right ankle fracture, finding no new and material evidence had been submitted.

The Board denied an increased evaluation for the service-connected left ankle fracture residuals and found that the claim for secondary service connection for a back disorder was not well grounded.

The Board denied the veteran's claim for a rating in excess of 20 percent for his right ankle disability, finding that the evidence did not support such an increase.

The Board has granted an effective date of March 5, 1998 for a 60 percent rating for the veteran's low back disability. The issue of entitlement to higher initial ratings for residuals of an injury of the lumbosacral spine and a compensable initial rating for residuals of excision of a right ankle mass remains on appeal.

The Board has determined that there is no competent medical evidence demonstrating the presence of arthritis of the knees, ankles, or feet (excluding service-connected arthritis of the right great toe). The veteran's service-connected left ankle disability is manifested by a full range of motion without pain. The veteran's service-connected tendonitis of the left index finger is manifested by slight subjective symptoms without objective indications of disability or functional impairment.

The Board has granted service connection for gastroesophageal reflux disease (GERD) and denied the veteran's claims of service connection for pes planus, neck injury, right ankle injury, and left hand injury.

The Board denied the veteran's claims for service connection for bilateral hearing loss and secondary service connection for a left ankle disability. The decision found that the veteran's current hearing loss was not incurred in or aggravated by service, and his left ankle disability is proximately due to or the result of service-connected disabilities of the right and left knees.

The VA denied the veteran's claims for increased evaluations of his service-connected residuals of open reduction-internal fixation of the left medial malleolus (left ankle) and residuals of medial collateral ligament tear and incomplete dislocation of the left knee, both rated at 10 percent.

The Board has denied the veteran's claims for increased ratings for his service-connected left foot and knee disabilities, finding that the evidence does not support a higher rating based on current functional impairment.

The Board has determined that the veteran's asthma and left ankle fracture residuals are not service-connected due to lack of evidence linking these conditions to her active duty service.

The veteran's shell fragment wounds have been evaluated as 10 percent disabling, and no higher evaluations are warranted based on the current evidence.

The Board found no evidence that the VA surgery caused additional disability, and denied compensation benefits under 38 U.S.C.A. § 1151.

The Board has determined that the veteran's current right knee, right ankle, and low back disabilities did not originate in service. The evidence does not support a finding of service connection for these conditions.

The Board has ordered the RO to provide a VA examination for the veteran's right shoulder and right ankle disabilities, as well as readjudicate his claims. The case is being remanded due to failure of the RO to comply with prior instructions.

The Board has remanded the issues of service connection for arthritis of the knees and left knee patellofemoral chondritis, as well as the increased evaluation for lumbar paravertebral fibromyositis and herniated nucleus pulposus, L5-S1. The issue of a compensable disability evaluation for postoperative residuals of right knee arthroscopy and right medial meniscus tear remains denied.

The VA has denied the appellant's requests for increased evaluations for his right ear hearing loss and anxiety reaction, but granted a higher rating for his service-connected right ankle disability. The total disability rating based on individual unemployability (TDIU) request was also denied.,The current ratings for the appellant's service-connected conditions are appropriate given the severity of his disabilities and their impact on his employment.

The Board has granted a 20 percent evaluation for postoperative residuals of a severe sprain of the right ankle. The claim for an initial evaluation in excess of 30 percent for post-traumatic stress disorder is remanded due to the need for additional development, including obtaining treatment records and scheduling a VA examination.

The veteran is granted special monthly compensation on account of loss of use of the right foot, with resolution of reasonable doubt in his favor.