Ankle decisions — 2002

The Board has determined that the veteran's service-connected right ankle disability and hearing loss in the right ear do not warrant a compensable initial rating.

The Board has determined that the veteran's current diagnosis of ununited fracture of the left medial malleolus, claimed as residuals of a left ankle injury, was incurred in service and granted service connection for this condition.

The Board has granted increased ratings for the service-connected left and right ankle disabilities, with a 30 percent rating assigned for each.

The veteran's death was attributed to a cerebrovascular accident due to cerebrovascular disease, with coronary artery disease as a significant contributing factor. The Board denied the claim of service connection for the cause of death, finding that stress from his service-connected disabilities did not contribute substantially or materially to his death.

The Board found that the veteran's current left ankle disability did not result from surgery performed in May 1989 at a VA facility, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The veteran's bilateral pes planus and left ankle sprain were not aggravated in service, while his degenerative arthritis of the right ankle, hypertension with left ventricular hypertrophy, mild renal insufficiency, and edema of the lower extremities, and chronic prostatitis are all denied.

The Board found no current diagnosis of a disorder or abnormality in the veteran's ankles, and thus denied service connection for residuals of injuries to the ankles.

The veteran was granted TDIU benefits effective from March 18, 1993, the date of his claim for higher evaluations due to service-connected disabilities.

The Board denied the veteran's claims for service connection for left knee and right ankle disabilities, finding that these conditions were not incurred or aggravated by active service.

The Board denied the veteran's claim for an increased rating for her service-connected residuals of left ankle sprain, finding that the disability manifested only mild limitation of motion and did not warrant a compensable evaluation.

The RO denied increased ratings for the veteran's right ankle disorders and did not address an earlier effective date for the granted rating.

The Board has determined that the veteran's left ankle and right foot conditions are service-connected, with a presumption of service connection due to her service in the Gulf War. The specific diagnoses include pes cavus of both feet and an undiagnosed illness manifested by pain.

The Board denied service connection for a right ankle disability and denied an initial evaluation in excess of 20 percent for left thoracic outlet syndrome (TOS). The veteran does not have a current right ankle disability, and the evidence does not support a finding that his TOS is related to military service.

The veteran has withdrawn his appeal of the remaining issues of higher ratings for a left ankle disability and right ear hearing loss.

The Board found that the veteran's death was not caused by or substantially contributed to by a service-connected disability, and denied the claim for service connection for the cause of the veteran's death.

The Board found that the veteran's stress fractures of the ankles were not incurred in service and denied her claim for service connection.

The veteran's right ankle disability and dyspnea were not service-connected. The veteran was granted a 70 percent evaluation for PTSD, but the issue of increased rating for sleep apnea remains unresolved.

The Board has granted a compensable rating of 20 percent for chondromalacia of the left patella. The veteran's residuals of a left ankle sprain and residuals of a fracture of the fifth metacarpal bone, left hand are currently evaluated as noncompensable.

The Board denied the veteran's claims for a rating in excess of 40 percent for his right ankle disability and for reopening his claim of service connection for osteoarthritis of both ankles. The RO has determined that the current 40 percent rating adequately compensates the veteran's disability.

The veteran's claims for increased evaluation and service connection were denied. The Board found that the veteran did not meet the criteria for an increased rating for his pes planus, and that he did not have valley fever with pulmonary obstructive disease or any other condition related to military service.