Ankle decisions — 2003

The veteran's claims for service connection and increased ratings were denied. The effective dates for the 60% rating for right thigh disability and the 70% PTSD rating were granted, but the combined evaluation higher than 90% was denied.

The Board denied the veteran's claims for increased ratings for his left shoulder disability, right ankle disability, and hemorrhoids. The current ratings of 30 percent for the left shoulder disability, 20 percent for the right ankle disability, and 10 percent for the hemorrhoids are maintained.

The Board denied the veteran's claims for service connection for bilateral pes planus, a heel contusion, gangrene of both feet, and swelling of ankles due to lack of new and material evidence.

The Board has ordered the RO to take additional development actions in order to determine if new and material evidence has been submitted to reopen a claim of service connection for a left ankle disability. The case will be returned to the Board after this is completed.

The veteran's claim for non-service-connected pension benefits was granted, effective August 1, 2003. The appeal for an earlier effective date is dismissed.

The Board has ordered the case to be remanded for compliance with the Veterans Claims Assistance Act of 2000 (VCAA). The veteran's claims will be reviewed again after necessary development, including obtaining medical opinions and ensuring proper VCAA notification.

The veteran's service connection claim for sore muscles is granted, as the condition originated in service. The claim for GERD on a direct basis was deferred due to pending development.

The Board found that the veteran's service-connected disabilities rendered him unemployable as of October 26, 1998, and granted a total disability rating based on individual unemployability effective from that date.

The Board has ordered further development due to the need for additional medical records and an orthopedic examination. The case will be returned to the RO for this purpose.

The Board denied the veteran's claims for service connection for residuals of right ankle, hip, knee, and shoulder injuries due to a lack of competent medical evidence linking these conditions to his active duty.

The veteran's claim for an effective date prior to December 3, 1999 for a grant of service connection for a right ankle disability is granted. The effective date is set at September 6, 1996.

The Board has denied the veteran's claims for service connection for various disabilities, including bilateral hip disorder, degenerative joint disease of the lumbar spine, arthritis of the feet and ankles, neuropathy of the upper extremities, tension headaches, cervical DJD, PTSD, and claudication. The reasons are not provided in this decision.

The veteran is seeking a higher initial evaluation for her service-connected left ankle sprain. The RO has ordered additional development, including obtaining medical records and scheduling the veteran for an orthopedic examination to assess the current status of her left ankle disability.

The Board denied the veteran's claim for service connection for right wrist osteoarthritis. The left ankle lymphedema claim is remanded for further development.

The Board has denied the appellant's claims for service connection for left ankle and left knee disorders, finding that there is no evidence to support a relationship between these conditions and his service-connected right knee disability.

The Board has decided the claims for service connection for dysthymic disorder and left ankle sprain. The claim for service connection for a cervical spine disability is being remanded to the RO for further development.

The Board denied the veteran's claims for increased evaluations for traumatic arthritis of his left knee and right ankle, finding that the evidence did not support a rating in excess of 10 percent under applicable diagnostic codes.

The Board has determined that the veteran's right ankle disorder, diagnosed as degenerative joint disease, warrants a 10 percent rating from January 3, 1992 to November 6, 2002. The evaluation was increased to 10 percent effective November 7, 2002.

The Board has reopened the veteran's claim for service connection for residuals of a right ankle disability due to new and material evidence, and finds that the veteran incurred such a disability in service.

The Board has determined that the veteran does not have current diagnoses of a right ankle or low back condition, and thus service connection for these conditions is denied. The claim for an increased rating for bilateral knee bursitis is pending.