Ankle decisions — 2002

The Board has determined that the veteran's bilateral ankle and foot disorder is a congenital defect, not related to service.

The Board has denied the veteran's claims for increased evaluations for his service-connected left ankle sprains, pes planus (right foot), and pes planus (left foot). The RO assigned a 10% evaluation to each condition.

The veteran's service-connected osteoarthritis of the right ankle and traumatic arthritis of the left ankle are currently rated at 10 percent each. The Board finds that these ratings adequately reflect the severity of the disabilities, including pain and instability.

The veteran's bilateral hearing loss and tinnitus are found to be service-connected.,The left eye disorder is not considered a disability for VA compensation purposes. The cervical spine, low back, right lower extremity (right ankle), left upper extremity on organic basis, genitourinary disorder, psychiatric disorder, headaches and memory loss on organic basis, and stomach disability are all found to be not service-connected.

The Board denied the veteran's claim for benefits under 38 U.S.C.A. § 1151 due to a fall at a VA facility on November 20, 1991, finding that no additional disability resulted from this incident.

The veteran's appeal is being remanded for additional development of his claims, including obtaining VA medical records and scheduling a VA examination.

The Board has determined that the appellant's low back strain, right ankle sprains, and chronic sinusitis are service-connected. However, there is no evidence of a current right knee disorder or defective hearing related to military service.

The Board has determined that the veteran's claims for increased evaluations for chronic low back strain and recurrent left ankle sprain are denied as there is no evidence of more than minimal limitation of motion or functional loss due to pain.

The Board has determined that the veteran's facial laceration scars of the chin and above the left eyebrow warrant initial compensable evaluations, but his right ankle disability does not meet the criteria for a rating in excess of 10 percent.

The veteran's increased ratings for right knee, left ankle, and left foot disabilities were denied. The TDIU claim was also denied.

The Board finds that there is no evidence supporting a secondary service connection for the veteran's bilateral knee, bilateral hip, and right ankle arthritis to his service-connected left ankle arthritis. The preponderance of the evidence does not support this claim.

The Board dismissed the veteran's claim for a compensable evaluation for chronic right ankle sprain as she did not file a timely substantive appeal.

The veteran's appeal was denied as he did not provide sufficient evidence to support his claims for facial numbness, tingling in arms and legs, left ankle edema, chest pain, and shortness of breath. The VA Medical Center treatment is linked to the left ankle edema and fatigue but not to these other symptoms.

The Board has determined that the submitted evidence does not meet the criteria for reopening the claim of service connection for residuals of a right ankle injury, as it does not provide new and material evidence to support the claim.

The Board has determined that the veteran's left ankle disability warrants a 20 percent evaluation, effective from March 1998.

The Board found that the veteran failed to report for a VA examination and did not provide adequate medical evidence of current disabilities. As such, service connection was denied.

The Board denied service connection for residuals of a left ankle injury and post-traumatic stress disorder due to lack of current disability attributable to service, and the failure to present credible supporting evidence that the claimed inservice stressors occurred.

The Board has granted increased ratings for the veteran's right ankle fracture, left ankle injury, and right shoulder injury. The rating for bowel incontinence is also granted to a 30 percent level. However, the rating for hemorrhoids remains at noncompensable.

The Board denied the veteran's claim for an initial rating in excess of 30 percent for residuals of a right ankle fracture and sprain, finding that the disability included significant instability with occasional episodes of giving way, as well as some weakened movement, incoordination, and excess fatigability, productive of marked ankle disability. The maximum schedular rating has not been assigned.

The Board denied the veteran's claims for increased ratings for his lumbar strain, left ankle degenerative arthritis, and right ankle degenerative arthritis as they did not meet or approximate the criteria for a higher rating under applicable diagnostic codes.