Ankle decisions — 2003

The Board found that the veteran did not have current disabilities involving his ankles, knees, left thigh, or right hand. The claims for service connection were denied as there was no medical evidence of a current disability related to service.

The Board found no evidence of a change in the nature or extent of left ankle ankylosis, and concluded that the veteran's inability to walk was due to his back disorder. The disability rating for residuals of left ankle injury with bone destruction, retained foreign body, and fusion remains at 30 percent.

The Board has determined that the veteran's claims for service connection have not been reopened due to lack of new and material evidence.

The Board has reopened the veteran's claims for service connection for a psychiatric disability and right knee disability, but denied both. The left ankle disability claim is not addressed as it was not part of the original appeal.

The Board finds that the veteran's back disorder and left ankle condition are not service-connected, as there is no evidence of a chronic disability in service or any link to service. The veteran's current conditions were first demonstrated many years after service.

The Board found that the veteran's right ankle condition, including degenerative joint disease and bilateral pes cavus, was aggravated by his active duty service. The veteran's pre-existing conditions were not considered to have worsened beyond a normal progression.

The veteran's appeal is being remanded for further development due to the need to inform him of his responsibilities and provide additional evidence.

The Board denied service connection for a cervical spine disorder and remanded the issue of rating in excess of 20 percent for right ankle disorder.

The Board has determined that there is no evidence of current diagnoses for the claimed conditions, and thus service connection cannot be established.

The Board has dismissed the appeals of entitlement to service connection for residuals of shell fragment wounds to the lower back and left ankle as these issues have been resolved by the RO's decision awarding such service connection. The veteran's claim for an initial increased evaluation for his scar on the sole of the left foot is remanded for further development.

The Board denied the veteran's claims for service connection for a broken left ankle, an eye disorder, and tinnitus as there was no evidence to support these claims.

The veteran's appeal is remanded to the RO for scheduling a hearing at the RO before a Veterans Law Judge.

The Board has granted a 20 percent evaluation for the veteran's postoperative residuals of a left mid-shaft fibular fracture and ankle ligament injury with degenerative joint disease, effective from August 1995. The claim for an initial evaluation in excess of 10 percent for postoperative residuals of recurrent dislocation of the left shoulder remains denied.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims for service connection for a right ankle disorder and right and left knee disorders, secondary to a right ankle disorder. The claims are therefore granted.

The Board has determined that the veteran does not have sinusitis or a disease producing hair loss on the ankles, and therefore service connection for these conditions is denied.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board denied the veteran's claims of service connection for residuals of a back injury, left shoulder injury, left knee injury, left ankle injury and nose injury. The RO also denied his claim for an increased rating for the service-connected tonsillectomy.

The Board has granted a 40% evaluation for the veteran's right ankle disorder, which is ankylosed at 5 degrees of dorsiflexion. The decision also notes that the veteran's daily activities are not hampered by his disability but he can only walk for up to 30 minutes.

The veteran's right ankle fracture was not incurred in service and is not secondary to a service-connected disability. His right shoulder, knee, and hand disabilities do not warrant higher ratings.

The Board has determined that the veteran's bilateral ankle disability is related to repeated parachute jumping during his period of active service, and thus grants service connection for this condition.