Ankle decisions — 2002

The Board has determined that the veteran's right foot or ankle condition and headaches were not incurred in active service, as there is no medical evidence of a current disability related to service. The claim for service connection for these conditions is denied.

The veteran's service-connected disabilities, including back and leg injuries, have caused him to be unable to maintain substantially gainful employment due to his pain and limited mobility.

The veteran's claim for an effective date prior to November 25, 2001 for a 100% evaluation for PTSD is granted. The RO assigned the effective date of October 15, 2001 based on treatment received at a VA facility showing an increase in severity of PTSD.

The Board has determined that the veteran's fractured right tibia is secondary to his service-connected shell fragment wounds of the left leg, and granted service connection for this condition.

The Board has granted a 20% disability rating for the veteran's left ankle limitation of motion, but denied an increased rating for his bilateral pes planus.

The Board has determined that new and material evidence was not submitted to reopen the veteran's claims for service connection for bilateral ankle disorders. The RO previously denied these claims in November 1997, and the veteran did not appeal this decision. The current manifestations of bilateral foot disabilities were also found not to be related to active military service.

The Board denied the veteran's claims for service connection for a left ankle disorder and speech impairment as secondary to service-connected aphthous stomatitis, finding that there was no current disability associated with these conditions.

The VA denied an initial evaluation in excess of 20 percent for the veteran's service-connected right ankle disability, finding that his condition did not warrant a higher rating based on the current evidence.

The veteran's claims for increased evaluations of his left ankle fracture and lumbosacral strain were denied, while the appeal regarding service connection for a right shoulder disability and a left index finger injury was dismissed due to lack of timely substantive appeal.

The Board has determined that the veteran's current right ankle disorders are not related to his right leg contusion in service, and therefore denied his claim for service connection.

The Board found that the veteran's claimed conditions were not incurred or aggravated by active service.

The Board has determined that the veteran's left ankle disability warrants a rating of 10 percent from the effective date of service connection until December 6, 2001. From December 7, 2001, forward, the disability is rated as noncompensable due to no evidence of marked limitation of motion.

The veteran's low back strain is rated at 40 percent, and his gout with arthritis of the great toes is rated at 30 percent.,The veteran's hypertension is rated at 10 percent.,For the period prior to December 11, 2000, the veteran's right ankle, left ankle, right hip, left hip, right great toe, and left great toe are each rated at 40 percent combined. Beginning December 11, 2000, his right ankle is rated at 30 percent, left ankle at 20 percent, right hip at 10 percent, left hip at 10 percent, right great toe at 10 percent, and left great toe at 10 percent.,The veteran's TDIU claim prior to December 11, 2000 is granted.,The veteran's pension purposes claim is dismissed as moot due to the grant of a TDIU.

The Board has granted service connection for left knee and ankle disorders, but denied service connection for bronchitis. The veteran's left knee and ankle issues are considered new and material evidence since the 1995 denial.

The Board found that the veteran's service-connected right ankle disability is no more than 10 percent disabling for moderate limitation of motion, and thus denied a higher rating.

The Board found that the veteran does not have a current chronic left ankle disability causally related to his inservice sprain, and thus denied service connection.

The veteran's service-connected residuals of a fracture of the right tibia and fibula with ankle disability are rated at 40 percent, which is the maximum schedular rating available under Diagnostic Code 5262. The claim for TDIU was denied as his service-connected disabilities do not sufficiently preclude him from obtaining and retaining all forms of substantially gainful employment.

The Board denied the veteran's claims for higher initial ratings for stress fractures of the right femur and left ankle, finding that the evidence did not support a rating in excess of 10 percent for either condition.

The Board has determined that new and material evidence sufficient to reopen the veteran's service connection claim for a right ankle condition has been submitted, allowing the claim to proceed.