Ankle decisions — 2004

The Board has granted an initial rating of 20 percent for the service-connected left ankle disability, which is characterized by marked limitation of motion. The veteran's appeal was based on a direct service connection and not involving any presumption or new evidence.

The veteran's appeal is being remanded to the RO for further development due to VCAA notice deficiencies and missing SSA medical records. The claims of service connection for restrictive airway disease and left ankle sprain residuals will be reconsidered.

The Board denied the veteran's claims for increased rating for bilateral plantar fasciitis with pes cavus and service connection for bilateral ankle pain. The claim for service connection was not reopened due to lack of new and material evidence.

The Board found that the veteran had submitted new and material evidence to reopen his claims for a chronic acquired respiratory disorder, hypertension, and bilateral ankle and knee disorders. The VA examinations conducted in June 2003 supported service connection for these conditions.

The Board found that there is no evidence linking the veteran's reflex sympathetic dystrophy of the left ankle to his military service, and thus denied his claim for service connection.

The Board found that the veteran's left ankle sprain does not meet or approximate the criteria for a rating in excess of 10 percent, thus denying his claim.

The Board granted service connection for traumatic arthritis of the left ankle, but denied service connection for reflex sympathetic dystrophy (RSD) of the left ankle. The denial was vacated due to a failure to afford the veteran a hearing prior to the decision.

The veteran's claims for service connection for various conditions have been denied. The intertwined claim of secondary service connection for herniated nucleus pulposus of the lumbar spine with radiation to the lower extremities must be addressed first.

The Board has granted an initial 10 percent evaluation for the veteran's right shoulder hypertrophy and partial tear of the supraspinatus and subscapular muscles, effective from December 31, 2001. The left ankle fracture with surgical repair and degenerative changes is rated as non-compensably disabling (zero percent) since December 31, 2001, until August 1, 2003, when it was re-evaluated to a 20 percent rating.

The Board has remanded the case for further development and review, including consideration of a June 2004 independent medical opinion. The veteran's claims will be reconsidered based on this new evidence.

The veteran's combined service-connected disabilities, which include multiple knee and hip injuries along with arthritis and anxiety/depression, render him unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on these conditions.

The Board has determined that the veteran's right ankle disability is not service-connected, and his bilateral knee and low back disabilities are also denied. The claim for a compensable evaluation for residuals of a compound alveolus fracture of the mandible was withdrawn by the veteran.

The Board has denied the veteran's claims for service connection for right elbow, low back, and right ankle disabilities due to a lack of current evidence of chronic conditions.

The veteran's death was not due to service-connected causes, and he did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318.

The veteran's claims for increased rating and service connection for right knee and low back disorders were denied. The RO reopened the claims based on new evidence, but denied them as secondary to his service-connected left ankle disorder.

The Board denied the claim for an effective date prior to July 17, 2001 for residuals of a left ankle fracture and denied the claim for an increased rating in excess of 20 percent. The RO granted a 20% disability rating effective July 17, 2002 based on VA clinical records showing increased severity of symptoms.

The Board found that the veteran's osteochondritis dissecans with left ankle pain warranted a rating of 20 percent, which is the maximum schedular rating available under Diagnostic Code 5271. The preponderance of evidence did not support an increase in the disability rating.

The veteran's service-connected lumbar muscle spasm is rated at 40 percent, but the Board finds that this rating adequately reflects his disability. The TDIU claim was also denied as his service-connected disabilities do not preclude him from obtaining and retaining all forms of substantially gainful employment.

The Board found no evidence of service connection for the claimed conditions, including myopia, bilateral leg disorder, bilateral knee disorder, bilateral ankle disorder, hand cramps, fatigue, lung disorder, chronic depression, or neurological disorder characterized by blackouts. The veteran's complaints were not supported by medical evidence and his claims were denied.

The Board found that the veteran's pre-existing left ankle and knee disorders did not worsen during service, thus denying entitlement to service connection for these conditions.