Ankle decisions — 2001

The Board has determined that the veteran's claims for increased evaluations of his right ankle, right knee, and left knee disabilities are denied as there is no evidence to support a higher rating under the applicable VA rating criteria.

The Board has reopened the appellant's claims of service connection for left ankle and left knee disabilities, finding that new evidence supports these claims. The Board also determined that both conditions are related to service.

The veteran died of a ruptured abdominal aneurysm. The Board found that the cause of death was not service-connected and denied DIC benefits under 38 U.S.C.A. § 1318.

The Board has determined that there was clear and unmistakable error in the March 1990 rating decision reducing the veteran's disability rating from 20% to 10%, thus restoring a 20% rating for his service-connected residuals of a gunshot wound of the left foot. As this finding renders moot the issue of an earlier effective date, the Board is without jurisdiction to consider it.

The Board found that the veteran's bilateral foot and ankle disability was not incurred in or aggravated by service, nor can it be presumed to have been incurred therein. The claim for service connection was denied.

The Board is considering whether new and material evidence has been submitted to reopen the veteran's claim of entitlement to service connection for a right ankle disability. The veteran contends that his current right ankle problems are either due to a pre-existing disability aggravated in service or directly caused by a fall during service.

The Board has determined that the veteran's right ankle disorder, which is currently rated as 30 percent disabling, warrants an award of special monthly compensation (SMC) based on loss of use of the right foot.

The Board has granted a 30 percent rating for the left ankle disability and has also granted an additional period of convalescence under temporary total disability ratings.

The Board has granted service connection for the left ankle disability with a 10% evaluation effective from January 21, 1997. The veteran's claim was reopened and his original claim in October 1974 is considered to have arisen prior to this date.

The Board has denied the veteran's claims for service connection for residuals of a right shoulder injury, low back injury, and right ankle injury. The claim for higher rating for residuals of a left wrist injury is also denied.

The veteran's claim for an earlier effective date for a 20% disability rating for residuals of a left ankle fracture is denied.,The veteran's claim for an earlier effective date for a 10% disability rating for residuals of a left fibula fracture is denied.

The Board has granted service connection for a back disorder secondary to the veteran's service-connected left ankle disorder, but is unable to determine if this issue was part of an appeal regarding service connection or another issue. The initial evaluation remains at 10 percent.

The Board denied the veteran's claims for service connection and initial compensable evaluation for his claimed disabilities, finding that there was insufficient evidence to support a diagnosis of PTSD based on in-service stressors and that the residuals of his stress fracture were essentially asymptomatic.

The veteran's disabilities, including arthritis in his right knee, tendonitis in his right ankle and foot, and hypertension, do not preclude him from securing and maintaining substantially gainful employment. Therefore, he is not entitled to nonservice-connected pension benefits.

The veteran's hypertension, cerebrovascular accident residuals, and psychiatric disorder were not found to be related to his service-connected right ankle fracture. The disability rating for the right ankle fracture was maintained at 30 percent.

The Board has denied the veteran's claims for increased ratings for his service-connected post-surgical repair of a right ankle fracture, residuals of a nasal bone fracture, and hemorrhoids. The disabilities are currently rated at their maximum possible under applicable VA rating criteria.

The veteran's appeal was dismissed because she did not file a timely substantive appeal for the increased evaluations assigned for her service-connected conditions.

The veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board has determined that there is no evidence of current disabilities related to the veteran's service, and thus, denied his claims for service connection for right knee, right elbow, and left ankle disabilities.

The Board has denied the veteran's claims for service connection for various conditions, finding that his hearing loss is not more than noncompensable under the old criteria in effect through June 9, 1999.