Ankle decisions — 2002

The Board finds that the veteran's degenerative joint disease of the left hip and edema and tenderness of the left leg, ankle, and foot are proximately due to or the result of his right femur fracture with two-inch shortening and mild external rotation of right lower extremity for which he is already receiving compensation under 38 U.S.C.A. § 1151.

The Board has determined that there is no evidence of chronic left ankle disability present during service or for a number of years thereafter, and the veteran's current left ankle disorder is not related to his military service.

The Board denied the veteran's claim for an initial rating in excess of 10 percent for residuals of a left ankle injury, finding that his disability was manifested by moderate limitation of motion and did not warrant a higher rating.

The Board has determined that the creation of the overpayment was due to administrative failure and not fraud, misrepresentation or bad faith. The veteran's claim for continued increased compensation rates and his daughter's Dependents' Educational Assistance (DEA) were submitted under the same cover letter in September 1995, putting VA on notice of both benefits sought. As a result, recovery of the overpayment is against equity and good conscience.

The Board has denied the veteran's claims for service connection for bilateral tinnitus and residuals of right ankle fracture as there is no competent evidence of current diagnoses.

The veteran's service-connected disabilities do not preclude him from securing and maintaining substantially gainful employment, as he has other unrelated physical ailments that have prevented him from working.

The Board has determined that it does not have jurisdiction over the issue of whether a motorized wheelchair should be provided, as such decisions are beyond its authority.

The Board has determined that the veteran's right ankle disability is not related to service or a service-connected condition, and thus denied his claim for service connection.

The veteran's service-connected right ankle disability affects her foot, but she can still bear weight and walk with some limitations. The Board finds that the requirements for SMC based on loss of use of the right foot are not met.

The Board has determined that the veteran's left ankle disability, which includes postoperative residuals of a fracture and degenerative joint disease, warrants a combined rating of 40 percent. However, this is not sufficient to grant a higher individual rating for either condition.

The VA denied an increased rating for the veteran's left ankle disability, which is currently rated at 20 percent.

The Board has granted an increased evaluation to 40 percent for the veteran's service-connected residuals of a right ankle fracture, finding that this level adequately reflects his current disability.

The Board found that new and material evidence had been submitted to reopen the previously denied claim of service connection for a right ankle disorder, but concluded that the August 1994 rating decision denying service connection was not clearly and unmistakably erroneous.

The Board denied the veteran's claim for a temporary total disability rating for treatment of service-connected right ankle disability during VA hospitalization in August and September 1989, finding that the criteria were not met.

The Board has granted service connection for a right ankle disorder and assigned a 10 percent disability evaluation. The veteran's right knee condition, characterized as retropatellar pain syndrome, is currently rated at 10 percent since August 1, 1997.

The Board has determined that there is no evidence of a nexus between the veteran's current right ankle and neck/shoulder disorders and his military service. The claims are therefore denied.

The Board has determined that the veteran does not have a current respiratory disorder or bilateral ankle disorder related to service, including exposure to radiation. The claim for these conditions is denied.

The Board has granted a 10 percent rating for the appellant's residuals of right ankle sprains, effective March 9, 2001. The disability is currently rated as moderate limitation of motion.

The veteran has withdrawn his appeal on all issues currently under review, including service connection for various skin and neurological conditions.

The veteran's appeal was dismissed as he withdrew his claim for service connection for hypertension. The initial noncompensable ratings for PTSD and residuals of a right ankle fracture remain on appeal, with the issue of an increased rating for the ankle fracture from June 8, 2000 still pending.