Ankle decisions — 2003

The veteran's disabilities, including asbestosis with emphysema and pulmonary hypertension, recurrent right ankle sprains, depressive reaction/passive dependent personality/paranoid schizophrenia, duodenal ulcer, post-operative left nevus conjunctiva, bilateral foot disability, hiatal hernia, and refractive error, rendered him so helpless that he required regular aid and attendance of another person prior to April 9, 1999.

The Board has remanded the case for further development and adjudicative action due to a failure to issue a development letter consistent with VCAA requirements.

The veteran's right ankle disability is rated at 20 percent, and his hidradenitis suppurativa with inclusion cysts and keloids on the chest wall, neck, and knees/elsbows; Seborrheic eczema on the knees and elbows are both currently rated at 30 percent. The veteran's claims for increased ratings were denied.

The veteran's claims for increased disability evaluations and TDIU were denied. The RO continued the veteran's existing disability ratings, but granted a temporary 100% evaluation for his right ankle disorder from June 22, 2000 to October 1, 2000.

The Board granted the veteran's claim for service connection for recurrent left ankle sprain and awarded a noncompensable disability rating. The veteran's bilateral bone spurs of the feet were also granted, with an initial 10 percent disability rating effective from February 1, 1997.

The Board has granted service connection for bilateral hearing loss. The veteran's right ankle and right knee disorders, as well as tinnitus, are still under consideration.

The veteran's service-connected disabilities result in loss of use of one hand and both feet, qualifying him for specially adapted housing or a special home adaptation grant.

The veteran's claims for increased ratings were denied as he failed to report for a scheduled VA examination.

The Board has granted a 30 percent rating for the veteran's residuals of a fracture of the left ankle with shortening of the leg, which is currently rated as 20 percent disabling.

The Board has determined that the veteran does not have tinnitus due to service, and his left knee and right ankle disabilities do not warrant a rating in excess of 10 percent. The low back disability also does not meet the criteria for an evaluation in excess of 10 percent.

The veteran's claim for an increased evaluation for traumatic arthritis of the right ankle is being remanded due to a failure to comply with the Veterans Claims Assistance Act of 2000 (VCAA). Additional development, including obtaining medical records and scheduling a VA examination, is required.

The Board has remanded the case due to a procedural issue and will be readjudicated after the veteran provides additional evidence or waives the one-year time period.

The Board has awarded service connection for a cervical spine disability. The remaining service connection issues will be remanded to the RO for further development, including consideration of additional evidence and clarification of representation.

The Board denied the veteran's claims for increased ratings for his service-connected right ankle injury, finding that the evidence did not support a higher rating.

The veteran's service-connected disabilities, including lumbar disc syndrome with vertebrogenic sciatica and postoperative residuals of synovitis of the right ankle, have caused him to be unable to obtain or maintain substantially gainful employment due to his disability. The Board has determined that he is entitled to a total rating based on unemployability due to service-connected disabilities.

The Board finds that the evidence is at least evenly balanced for and against the veteran's claim, granting compensation benefits pursuant to 38 U.S.C.A. § 1151 for the residuals of right ankle surgery performed at a VA facility in March 1993.

The VA denied an increased evaluation for the veteran's service-connected right ankle injury, which is currently rated at 20 percent.

The Board found that the veteran's left ankle disability was not incurred or aggravated by service and denied his claim.

The Board has remanded the case for further development due to recent legal changes and an attempt to locate the veteran's current address.

The Board found that the veteran's current stomach disorder is not causally related to active service, and denied his claims for a left ankle disorder. The right ankle disorder was granted as it is linked to an in-service injury.