Ankle decisions — 2003

The Board denied the claimant's service connection for a right ankle disability and his claims for increased ratings for low back strain. The claimant's current disabilities were found to be not related to active service or secondary to any service-connected conditions.

The veteran's appeal is being remanded for additional development to determine the nature and etiology of her left ankle, knee, and mytoplasia and dysplasia conditions.

The Board has granted service connection for the veteran's history of a right ankle sprain with degenerative joint disease, finding that the evidence is in relative equipoise and extending the benefit of doubt to the veteran.

The Board has determined that the veteran's left ankle disorder is attributable to service and grants the claim for service connection.

The Board has granted service connection for residuals of sprain of the right and left ankles, finding that these conditions were incurred during active military service.

The Board has determined that the veteran's service-connected residuals of a right ankle fracture warrant an increased rating to 30 percent under Diagnostic Code 5262 for impairment of the tibia and fibula involving malunion with marked disability.

The Board found that the veteran does not have a current back, leg, thigh, bilateral ankle, or bilateral foot disability related to her service-connected knee disabilities. Therefore, she is denied entitlement to service connection for these conditions.

The Board denied the veteran's claims for service connection for various conditions, including hypothyroidism, hemorrhoids, a chronic acquired disorder of either knee or shoulder and ankles, back, and gastrointestinal system. The decision stated that these conditions were not shown to be related to service, including alleged chemical and/or herbicide exposure.

The Board denied increased evaluations for chronic right ankle sprain with degenerative arthritis and advanced osteoarthritis of the right great toe, finding that the current ratings adequately reflect the severity of the veteran's disabilities.

The Board has denied the veteran's claim for a higher initial rating greater than 10 percent for her service-connected right ankle disability, finding that the evidence does not support such an increase in disability ratings.

The Board found that the veteran's right ankle sprain residuals do not warrant a rating in excess of 10 percent, and his postoperative septal deviation does not meet criteria for a compensable rating.

The veteran's death was not caused by his own willful misconduct, but he did not meet the criteria for DIC benefits under section 1318 as he was not rated totally disabled for a continuous period of at least 10 years prior to his death.

The Board has determined that the veteran's service-connected disabilities render him so helpless as to require regular aid and attendance, granting special monthly compensation based on this need.

The Board has determined that the veteran's current complaints of hypertension, arthritis, cold sensitivity (claimed as cold injury residuals), sleep disturbance, and night pain are not related to his military service. The claim for cold sensitivity is granted.

The Board denied service connection for a right lower extremity disability, including the right knee and right ankle, as secondary to the service-connected right knee condition. The claim for left ankle disability was also denied.

The Board denied the veteran's claims for service connection for a right ankle disorder and an increased rating for his left ankle disability, finding no evidence of in-service injury or chronic condition. The hearing loss claim was not addressed as it is unrelated to service connection.

The Board has determined that the veteran's claims for increased evaluations for his right ankle disability, thoracic spine condition, and pulmonary disorder are denied as there is no evidence of marked functional limitation or ankylosis.

The Board denied the veteran's claims for service connection for various conditions, including chronic obstructive pulmonary disease, pharyngitis, tonsillitis, heart disorder, diabetes mellitus, arthritis of the hands, benign prostatic hypertrophy, left ankle fusion, anemia, ulcer disease, and irritable bowel syndrome. The appeals were based on direct evidence rather than presumptions or secondary service connection.

The Board found that the veteran's right ankle cyst had no increase in severity during service and denied his claim for service connection.

The Board denied the veteran's claims for service connection for a left below the knee amputation as secondary to his service-connected disability of an old fracture, left lower tibia and ankle with mal-alignment and eversion of foot, and also denied his claim for an increased evaluation for residuals of an old fracture, left lower tibia and ankle. The Board found that there was no reasonable possibility that the veteran's amputation was related to service or his service-connected disability.