Ankle decisions — 2002

The Board has granted increased ratings for the veteran's service-connected ligament laxity of the left knee, right knee with degenerative changes, and right ankle instability. The veteran is also entitled to a rating in excess of 30 percent for his major depressive disorder and a total disability rating based on individual unemployability due to his service-connected disabilities.

The Board found no evidence of a chronic bilateral ankle disorder in service or post-service, and denied the veteran's claim for service connection.

The Board denied the veteran's claims for service connection for shell fragment wounds to various parts of his body, including head, neck, abdomen, upper back, right ankle, left knee, and left proximal tibia. The initial evaluations for tinnitus and scars on the left leg were also denied. The earlier effective date claim was not addressed due to the veteran's withdrawal.

The Board found that the veteran's disorders of the feet and ankles were not incurred in or aggravated by service, and arthritis of the feet and ankles may not be presumed to have been incurred in service. The claim for service connection for a left knee disorder was denied as there was no evidence showing it was related to service.

The Board has determined that the veteran does not have a current disability of the left shoulder or right ankle related to service. The claims for service connection are denied.

The Board has determined that the veteran is not entitled to a compensable disability rating for his post-operative residuals of left ankle fracture, as there is no evidence of limitation of motion or current functional loss due to the veteran's left ankle fracture. The preponderance of the evidence does not support a higher, compensable rating during the pendency of this appeal.

The Board found no evidence of a current left ankle disability and concluded that the veteran's reported symptoms are not related to his period of active service.

The Board has determined that the appellant does not meet the eligibility requirements for financial assistance in purchasing an automobile or adaptive equipment due to his service-connected disabilities, as they do not result in loss of use of one or both feet or hands.

The veteran's service-connected post-inflammatory hyperpigmentation of the feet and ankles is productive of constant itching, swelling, and foot odor. The Board has granted a compensable rating of 10%.

The Board has granted a 10 percent evaluation for the veteran's service-connected degenerative arthritic changes of the left ankle with tender scar, effective March 1, 1995. A separate 10 percent evaluation is also granted for the tender scar located posterior to the left lateral malleolus.

The Board denied the veteran's claims for a compensable evaluation for allergic rhinitis (claimed as sinus) and residuals of a right ankle sprain, but granted a 10 percent rating for the residuals of a right ankle sprain. The claim for service connection for a left ankle condition was also denied.

The VA denied a rating in excess of 10 percent for the veteran's service-connected left ankle and tibia fracture, finding that his condition did not warrant such an increase.

The VA determined that the appellant's residuals of a left ankle sprain warrant an initial rating of 10 percent, effective December 9, 2000. The Board found that the evidence did not support a higher rating.

The Board has awarded separate ratings for the veteran's service-connected right ankle disability, but the RO must ensure that these ratings are properly implemented and consider additional development as requested.

The Board has determined that the veteran's appeals for a compensable evaluation for left knee arthritis prior to April 9, 1996 and an extension of temporary total evaluation past August 1, 1996 were not timely filed. The appeal for earlier effective date for a 30 percent evaluation for status post fusion, left ankle was also denied.

The veteran's claim for vocational rehabilitation training under Chapter 31, Title 38, United States Code was denied because he did not have a service-connected disability rated at least 20 percent disabling. The Boise Regional Office later granted service connection for cervical and lumbar spine disabilities, but the veteran still does not meet the eligibility criteria as his combined rating is only 30 percent.

The veteran's claim for an increased rating for his service-connected right ankle disability was granted at 10 percent effective June 9, 2001. The current evidence does not support a higher evaluation based on the degree of limitation of motion or functional impairment.

The Board granted service connection for residuals of left foot injury and surgical scars of the left foot, both rated at 10 percent from August 8, 2002.

The Board has determined that the veteran's right ankle injury residuals do not warrant a rating in excess of 20 percent, as there is no evidence of ankylosis or other conditions that would justify such a higher rating.

The Board has granted service connection for a chronic right ankle sprain and bilateral pes planus, finding that the veteran's current conditions are related to his military service.