Ankle decisions — 2001

The veteran's claim for an earlier effective date for the assignment of a 10 percent evaluation for residuals of his right ankle injury was denied. The Board found that no increase in disability occurred prior to December 27, 1989.

The Board has denied the veteran's claims for increased evaluations for his right shoulder and left ankle disabilities, as well as a separate claim for an increased evaluation of his right ankle disability. The current ratings for these conditions are 20% for the right shoulder and left ankle, and 10% for the right ankle.

The veteran's daughter filed a claim for accrued benefits, but the Board determined that there were no unpaid benefits due at the time of her father's death and denied the claim.

The Board finds that the veteran's bilateral hip replacements were aggravated by his service-connected right ankle disorder, warranting a grant of service connection for this condition.

The appellant's claim for an increased evaluation of his right ankle disability is being remanded due to the need for a more current VA examination and consideration of additional disability evaluations.

The veteran's claims for increased ratings for his knee disabilities and a compensable rating for his right shoulder injury were granted, with the effective date being January 9, 1998. The veteran was already receiving a 60 percent rating for both knees since December 1, 1997.

The Board has determined that new and material evidence has not been received to reopen the claim of service connection for a bilateral ankle disability, thus denying the appeal.

The veteran's combined non-service-connected disability rating is 60%, which meets the criteria for a permanent and total disability rating for pension purposes, as she is unable to engage in substantially gainful employment due to her lupus-related conditions.

The Board granted a 40% evaluation for the veteran's lumbosacral strain, finding severe limitation of motion. The left ankle sprain was rated at 10%. No new evidence or reopening of claims were involved.

The Board has denied the veteran's claims for increased disability ratings for enucleation of the right eye and chronic strain of the right ankle, finding that the current evaluations are appropriate based on the schedular criteria.

The Board denied service connection for various disabilities, including a neck disability and pulmonary disability, as well as bilateral hip, ankle, shoulder, knee, and back disabilities. The decision found no evidence of these conditions during service or due to exposure to herbicide agents.

The veteran is seeking service connection for a right ankle disorder, but the Board has determined that the preponderance of evidence does not support this claim. The case is being remanded to obtain additional medical records and an examination.

The Board has determined that the overpayment of $19,872.07 was properly created due to fraud committed by the appellant.

The veteran's right ankle disability, which includes a scar from his injury in service, results in limited range of motion but no arthritis or other significant conditions. The VA examiner found the veteran has 40 degrees out of a possible 65 degrees of total range of motion in his right ankle, rated as moderate under Diagnostic Code 5271.

The VA denied the appellant's claims for noncompensable evaluations for his service-connected fractures of the left ankle and fifth toe, finding that there was no significant impairment in employment or daily life.

The Board has determined that the veteran incurred asthma in service and has a current low back disorder, but there is no competent evidence of a current bilateral ankle disorder. The electric shock to the left arm issue was not addressed as it lacks supporting medical evidence.

The Board has granted service connection for the veteran's right ankle disability and gastric ulcer, but denied a higher rating for PTSD. The veteran is currently rated at 10 percent for his right ankle instability and gastric ulcer.

The Board denied the appellant's claims for service connection for a left ankle disability and for reopening his claim of entitlement to service connection for a fungal disease involving the right foot. The Board found no chronic left ankle disability in service or prior to an industrial-related injury decades after service, and concluded that any current left ankle disability is not related to service. Regarding the fungal disease claim, the Board determined that new and material evidence has not been submitted to reopen the claim.

The Board has determined that the veteran's claims for secondary service connection were not well grounded and are therefore denied. The RO is directed to consider whether additional notification or development actions are required under the VCAA.

The veteran's left ankle disability, which included an avulsion fracture of the lateral malleolus prior to service, was aggravated during active service resulting in chronic left ankle sprain. The Board has granted service connection for this condition.