Ankle decisions — 2002

The Board denied a higher evaluation for the veteran's service-connected right ankle disability, which was rated at 20 percent since December 22, 1990.

The Board denied the veteran's claims for service connection for residuals of a left ankle injury and bilateral hearing loss, finding no evidence of current disabilities or causation in service.

The Board denied the veteran's claims for increased disability evaluations for her right ankle and back disabilities, finding that the evidence did not support a higher evaluation based on current symptomatology.

The Board has granted a disability evaluation of 20 percent for the veteran's right ankle disability with traumatic arthritis and awarded special monthly compensation under 38 U.S.C.A. § 1114(k) due to loss of use of the right foot. The veteran is also entitled to automobile and adaptive equipment or adaptive equipment only.

The Board has determined that the veteran's low back disorder is related to his military service and has granted service connection. The left ankle disability was already service-connected, but a higher evaluation of 10 percent was granted.

The Board denied the veteran's claims for service connection for PTSD and an increased rating for his right ankle disability, finding that there was no diagnosis of PTSD in accordance with DSM-IV criteria. The right ankle disability is currently rated at 10%.

The Board has determined that the veteran's claimed conditions are not related to his military service and thus denied all issues on appeal.

The veteran's appeal is being remanded for a video conference hearing with a member of the Board. The issues include service connection for left ankle and knee disorders, as well as whether new and material evidence has been presented to reopen a claim of entitlement to service connection for bronchitis.

The Board found that the veteran's right ankle disability, which includes chronic pain and limited motion, does not warrant a rating in excess of 10 percent.

The Board has determined that the veteran's claimed left leg disability, including a left ankle disorder and varicose veins, was not incurred in or aggravated by active service. The veteran's eczematoid dermatitis is currently evaluated as 10 percent disabling.

The Board denied compensable ratings for the appellant's service-connected left fibula fracture and left ankle sprain, finding that there was no evidence of malunion or nonunion of the tibia and fibula. The appellant's disability did not meet the criteria for a higher rating based on additional functional limitation with pain.

The Board has determined that the veteran's right ear hearing loss is related to in-service noise exposure and grants service connection for this condition. The other issues are also addressed, with a compensable rating for left ear hearing loss being granted.

The Board has determined that the veteran's claimed conditions, including a skin disorder, peripheral neuropathy involving all extremities, osteoarthritis involving all joints, residuals of multiple back surgeries for degenerative disc disease, residuals of right shoulder surgery, residuals of left ankle surgery, stroke, lipoma of the left side, and depression, are not service-connected due to lack of evidence showing a direct connection to his military service or exposure to Agent Orange.

The veteran's unauthorized medical expenses incurred on August 31, 1998 were reimbursed as the treatment was for a nonservice-connected disability associated with and aggravating her service-connected ankle disorder, there was a medical emergency such that delay would have been hazardous to life or health, and no VA facility was feasibly available.

The Board granted a rating of 20 percent for the service-connected residuals of a left ankle injury, status post Chrisman-Snook reconstruction and arthroscopy with anterolateral ankle decompression prior to November 7, 2001. The right ankle disability was also found to be proximately due to or the result of a service-connected disease or injury.

The Board denied the veteran's claims of entitlement to service connection for tendonitis of the hands and bilateral ankle condition, finding no current disability involving either hand or ankle.

The veteran's claims for increased ratings for his service-connected knee, ankle, and elbow disabilities were denied by the RO. The RO assigned separate disability ratings of 10 percent each for these conditions.

The Board has determined that the veteran's current left ankle disability is service-connected, as it was incurred during active duty.

The Board of Veterans' Appeals has determined that the veteran's right ankle degenerative joint disease is causally related to his active service, and thus grants the claim for service connection.

The veteran does not have current disabilities of the ankles, knees, or left hip that were incurred in or aggravated by active service.