Ankle decisions — 2002

The Board has granted a disability evaluation of 70 percent for the veteran's post-traumatic stress disorder, effective from February 2002. The left ankle fracture with arthritis and recurrent left varicocele remain at their current evaluations.

The veteran's appeal for an increased rating for his service-connected left ankle disability was dismissed as untimely.

The Board has granted a 10 percent evaluation for the veteran's service-connected residuals of a right ankle injury from June 29, 1998. The claim for a compensable rating prior to that date is denied.

The Board denied the appellant's claims for increased ratings for his service-connected left knee and right knee disabilities, as well as his secondary service connection claims for degenerative changes of the lumbar spine and right ankle. The appellant was granted a temporary 100% evaluation for his total knee arthroplasty.

The Board has determined that the veteran did not submit a well-grounded claim for service connection for chronic right knee disorder, right ankle disorder, or acquired psychiatric disorder. The claims were denied as there is no evidence of current disabilities related to these conditions.

The veteran's right ankle was placed in a cast from March 1998 to June 30, 1998. The VA extended the temporary total disability rating for a period of convalescence through December 31, 1998.

The veteran's vocational rehabilitation plan was changed from a position of agency case worker/management to real estate appraiser, but the change was not approved due to concerns about his physical limitations and potential job instability.

The Board has determined that the appellant's post-traumatic osteoarthritis of the right ankle meets the criteria for service connection due to his POW status and current diagnosis.

The Board has denied the veteran's claims for service connection for left ear disease, hearing loss disability, degenerative joint disease of the glenohumeral joint, bilateral knee and ankle disabilities, and residuals of a right wrist injury. The evidence does not support the presence of these conditions during or after military service.

The VA denied an initial rating in excess of 10 percent for the residuals of a right ankle sprain, as the current disability picture does not more nearly approximate marked limitation of motion.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of service connection for postoperative residuals, arthritis of the right ankle. The claim is granted.

The Board denied an increased rating for the veteran's service-connected right ankle fracture with osteoarthritis, finding that his disability did not meet the criteria for a higher evaluation.

The Board found that new and material evidence had been received to reopen the veteran's claim of service connection for posttraumatic arthritis of the left ankle. The opinion from the Independent Medical Expert concluded that the preexisting left ankle disability was aggravated during service.

The Board has determined that the veteran's residuals of a gunshot wound to the left thigh, including sciatic neuropathy with triple arthrodesis of the left ankle, are productive of complete paralysis of the sciatic nerve and grants an increased rating to 80 percent.

The Board finds that the veteran's residuals of a right ankle and foot injury are proximately due to his service-connected left ankle and foot disability, granting service connection for this condition.

The Board has determined that the veteran does not have a current bilateral ankle disability and therefore, service connection for this condition is denied.

The Board denied the veteran's claim for an increased rating for his right ankle disability, currently rated at 20 percent. The evidence showed limited motion but no ankylosis or other conditions warranting a higher rating.

The Board has determined that new and material evidence has been presented to reopen the claim for service connection for a psychiatric disorder. However, the claims for all other conditions remain denied as there is no current evidence of these disorders or their association with active military service.

The Board dismissed the veteran's claims for increased ratings and service connection due to lack of timely substantive appeals, except for the claim of an increased rating for residuals of a fracture of the right tibia.

The Board has reopened the veteran's claim for service connection for residuals of a left ankle injury, including foot, hip and leg due to new evidence submitted since the January 1993 rating decision.