Ankle decisions — 2004

The veteran is seeking service connection for a right ankle disorder that he claims is secondary to his service-connected residuals of a gunshot wound to the right great toe. The Board has determined that additional development, including a VA examination, is necessary before this claim can be decided.

The Board found that the veteran's right knee and ankle injuries were not a result of VA treatment, as the injury occurred during a voluntary recreational activity at the VA Medical Center. The decision denied compensation under 38 U.S.C.A. § 1151.

The Board has determined that the veteran's tremors, bilateral knee and ankle disabilities, and lumbar spine degenerative joint disease are all service-connected. The evidence supports these findings.

The Board dismissed the veteran's appeal as her substantive appeal was not timely filed.

The Board denied the veteran's claims for increased ratings and a separate evaluation based on multiple noncompensable service-connected disabilities.

The Board has denied the veteran's claims for service connection for PTSD and right ankle disability, finding that there is no current diagnosis of PTSD and that the right ankle disability originated in service.

The veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing. The case will be returned to the Board after the hearing.

The Board has granted a temporary total rating through November 30, 2001 for convalescence from left ankle surgery and found that an extension is warranted beyond this date. The veteran's increased rating claim remains pending.

The May 1973 RO rating decision denied service connection for residuals of a left ankle fracture and back strain or other residuals of injury. The claim will be reopened if new and material evidence is submitted.

The Board has remanded the case for additional development, including obtaining medical records and conducting examinations to determine the nature of any disabilities of the left hip, left knee, and left ankle, as well as a psychiatric evaluation for PTSD.

The Board has determined that the veteran does not meet the criteria for a compensable rating for his service-connected hearing loss in the left ear or right ankle disorder, as there is no evidence of functional impairment warranting such a rating.

The veteran's claim for an effective date prior to September 16, 2004, for a combined schedular rating of 100% for his service-connected disabilities was denied. The RO assigned the highest possible schedular evaluation (100%) on August 19, 2004, based on the veteran's left ankle disorder.

The case is being remanded for further development, including a review of the VCAA requirements and potential adjudication of a clear and unmistakable error claim.

The Board is considering whether new and material evidence has been received to reopen claims for PTSD, a right ankle condition, and a skin condition. If so, the veteran's service connection claims will be reviewed de novo.

The Board has reopened the veteran's claim for service connection of a right ankle condition due to new and material evidence submitted since the October 1973 decision.

The veteran's chronic acquired low back disorder and right ankle fracture with traumatic arthritis are both service-connected, and the VA has assigned appropriate disability ratings.

The Board found that there are no current identifiable disabilities as a result of the in-service left ankle injury and denied the claim for service connection.

The VA denied the veteran's claim for service connection for skin cancer of the right ankle, finding no evidence linking it to his military service or herbicide exposure.

The Board has determined that the appeal is dismissed due to a lack of timely substantive appeal for the initial evaluation of acne vulgaris. The remaining issues are addressed in the REMAND portion.

The Board found no evidence of current disabilities related to the veteran's claimed conditions and denied all service connection claims.