Ankle decisions — 2003

The veteran's combined disability rating is 70 percent, with a bilateral factor of 3.6 percent. The Board has determined that the veteran is unemployable due to his service-connected disabilities and granted a TDIU based on these findings.

The Board has granted service connection for the right ankle disability as secondary to the veteran's service-connected myofascial pain syndrome, left ankle. The effective date of this grant is March 4, 2002.

The veteran's claim for service connection for polysubstance abuse is denied as it falls under a legal prohibition due to the nature of the condition.

The Board denied the veteran's claims for service connection for obesity and residuals of a left ankle fracture, finding that there was no evidence of such conditions during her military service. The Board also found that any current ankle fracture is not related to her service-connected knee disabilities.

The Board has ordered further development in the veteran's case due to pending requests for evidence and clarification. The appeal is about determining whether current right knee and left ankle disabilities are related to service.

The Board has granted the veteran's claims for service connection for muscle cramps, bilateral ankle condition, and bilateral shoulder condition as due to an undiagnosed illness.

The Board has found that the veteran's current right knee and right ankle strains are related to his military service, granting service connection for these conditions.

The Board found no evidence of a current right ankle disorder related to service or secondary to the service-connected right foot disability. The left ankle disorder claim was denied as new and material evidence had not been received.

The Board has ordered further development in the veteran's case due to pending requests for additional evidence and clarification. The appeal is currently remanded for additional development, including obtaining information from the U.S. Armed Services Center for Research of Unit Records (USASCRUR) and arranging for the veteran to be examined by a VA medical facility.

The appellant's combined disability rating is 70%, which does not meet the criteria for special monthly pension based on need for regular aid and attendance or at the housebound rate.

The veteran's claim for an increased rating from 30 percent for his service-connected degenerative arthritis of the right ankle, to include special monthly compensation for loss of use of the right foot, is being remanded due to the need for a VA examination.

The Board denied the veteran's claims for service connection for various conditions, including coronary artery disease, residuals of a fracture of the left ankle, residuals of pneumonia, and bilateral foot disorder. The decision also noted that there was no evidence of chronic increase in severity of preservice pes cavus or fractures during service.

The veteran's service-connected conditions do not render him unemployable, as his disabilities are rated at least 60% combined and he has been deemed capable of sedentary work.

The Board has remanded the case for additional development due to new evidence and changes in law.

The Board has granted service connection for the veteran's left ankle disorder, finding that it was incurred in service. The issue of service connection for a back disorder is remanded due to procedural deficiencies.

The veteran's claims for service connection are denied as his conditions do not meet the criteria for presumptive service connection under VA regulations.

The Board denied the veteran's claim for an earlier effective date for a TDIU rating, finding that there was no entitlement to such prior to June 17, 2001.

The veteran's claims for increased ratings for his service-connected right and left ankle disabilities are being remanded to the RO for additional development.

The Board has ordered further development due to pending requests for additional evidence. The case will be returned to the RO for obtaining service personnel records and arranging for examinations.

The Board has determined that the veteran's service-connected left ankle disability, which is currently rated at 10 percent, warrants a higher evaluation of 20 percent based on marked limitation of motion.