Ankle decisions — 2003

The veteran withdrew his appeal regarding the claims of service connection for joint pain, a skin rash, memory loss and headaches due to an undiagnosed illness.

The Board has determined that the veteran's current right ankle and right knee disorders are related to service, granting his claims for these conditions.

The veteran's service-connected right ankle disability is currently rated at 20 percent, and his service-connected right knee and left knee disabilities are each rated at 10 percent. The Board has determined that these ratings are appropriate.

The Board denied the veteran's claim for service connection for a chronic right ankle disorder, including degenerative joint disease, finding that there was no evidence of such condition during his period of active service or within one year after separation.

The Board found that the veteran's right ankle disability does not warrant a higher rating based on the evidence of record, as it is manifested by complaints of pain with essentially normal range of motion and no objective evidence of pain, instability or weakness.

The Board has granted earlier effective dates of July 24, 1999 for the assignment of a 10 percent disability evaluation for both the right ankle disorder and left shoulder disorder status post acromioclavicular separation.

The Board has granted a noncompensable evaluation for the veteran's service-connected right ankle disability and a 10 percent evaluation for his service-connected right wrist tendonitis.

The Board has determined that the veteran's current right ankle disability is related to an injury he sustained during active military service, and thus grants entitlement to service connection for residuals of a right ankle injury.

The veteran is permanently and totally disabled for pension purposes due to multiple non-service-connected disabilities, including hypertension, gastroesophageal reflux, dysthymia by history, degenerative joint disease of the lumbar and thoracic spines, degenerative joint disease of the left ankle, bilateral knee arthritis of the patella, mass soft tissue of the neck, and allergic rhinitis.

The veteran's left ankle disability did not require hospital treatment in excess of 21 days during the period from April 1998 to August 1999, and thus he is not entitled to a temporary total rating based on VA hospital treatment for this condition.

The Board denied the veteran's claims for ratings in excess of 10 percent for his service-connected right knee and right ankle disabilities, with some issues granted and others not.

The Board found that the veteran did not raise a valid claim of clear and unmistakable error in RO decisions dated in December 1989, October 1990, or January 1991. The effective date for TDIU benefits was revised from June 17, 1992 to May 23, 1991 based on the veteran's statement indicating additional disability.

The Board denied service connection for right ankle and knee disabilities secondary to service-connected osteomyelitis of the right lower leg, as well as a compensable evaluation for residuals of osteomyelitis with a 2-centimeter scar.

The Board found that the veteran's current left ankle disability is not related to his military service.

The Board found no evidence of a current left ankle disability related to the veteran's service, and thus denied her claim for service connection.

The veteran's appeal has been dismissed as the appellant withdrew her appeal in February 2003.

The Board has denied the veteran's claims for service connection for degenerative joint disease of the right and left ankles, residuals of a head injury, and headaches. The evidence does not support a finding that these conditions are related to active duty service.

The Board has denied the veteran's claims of service connection for various conditions, finding no competent evidence linking these conditions to his military service.

The veteran's claim for increased non-service-connected special monthly pension based on the need for aid and attendance was denied as he is able to perform many daily activities without assistance.

The Board denied increased ratings for the veteran's service-connected left ankle fracture and left foot injury with traumatic amputation of the second toe.