Ankle decisions — 2004

The Board denied the veteran's claim for service connection for a left ankle disability, finding no evidence of current disability and noting that his statements alone were not sufficient to establish entitlement to service connection.

The veteran's claims for service connection for a gastrointestinal disorder and degenerative arthritis of the right ankle are remanded due to insufficient evidence.

The Board denied the veteran's claim for a rating in excess of 20 percent for his service-connected shrapnel wound to the left ankle, finding that his disability did not meet or approximate the criteria for a higher evaluation.

The Board found that the veteran's postoperative residuals, arthritis of the right ankle, were not incurred in or related to service and denied his claim.

The Board found that the veteran's residuals of a service-connected right ankle fracture injury do not warrant a higher disability rating than ten percent.

The Board denied the veteran's claim for an earlier effective date of September 29, 1997 for a total disability rating based on individual unemployability due to service-connected disabilities. The RO accepted his September 1997 claim as a TDIU claim and granted it effective from that date.

The Board denied the veteran's claim for an increased rating for her service-connected right ankle disability, finding that it did not warrant a rating higher than 30 percent.

The Board denied increased ratings for the veteran's left ankle fracture and lateral instability of the left knee, finding that the evidence did not support a higher rating under the applicable VA rating criteria.

The Board has denied the veteran's claims of service connection for various musculoskeletal disabilities, finding that they are not related to his military service.

The veteran's nonservice-connected disabilities do not meet the criteria for special monthly pension based on need for regular aid and attendance or housebound status.

The Board has remanded the case due to failure to comply with VCAA notice and duty-to-assist provisions. The appellant's claim for service connection for a left ankle disability is pending.

The Board denied the veteran's claims for a compensable rating for his service-connected left ankle disability and a temporary total disability evaluation on account of hospitalization or convalescence due to left foot surgery. The Board found that the November 2002 surgery was unrelated to the service-connected residuals of a left ankle fracture.

The Board denied the veteran's claims for service connection for a right leg condition, somatization disorder secondary to his service-connected residuals of fracture of the right middle finger, and an increased rating for residuals of a fracture of the right middle finger due to failure to report for a scheduled VA examination.

The Board has decided to remand the case for further development, including obtaining medical opinions and additional records.

The Board has determined that the veteran does not have a current left ankle disorder or paresthesia of the right index finger, and thus cannot establish service connection for these conditions.

The veteran's claim for an increased rating for his service-connected left ankle disability is being remanded due to the need for additional development and examination.

The VA denied an increased rating for postoperative tendonitis of the right ankle, currently rated at 20 percent. The condition is productive of persistent pain and markedly decreased range of motion.

The Board has determined that the appellant's left ankle disability warrants a 20 percent evaluation, effective from the date of the decision.

The Board has determined that new and material evidence has been submitted to reopen claims for generalized anxiety disorder, sleep disorder, and loss of concentration. However, no new and material evidence was found to support the reopening of claims for joint pain (knees and ankles), fatigue, shortness of breath, diarrhea, abdominal pain, or facial rash as due to an undiagnosed illness.

The Board found clear and unmistakable error in the termination of the veteran's total rating based on individual unemployability, which was granted due to service-connected disabilities. The decision grants dependency and indemnity compensation benefits under 38 U.S.C.A. § 1318.