Ankle decisions — 2004

The Board denied the veteran's claims for increased ratings and extraschedular evaluations for his left ankle disability, finding that the evidence did not meet the criteria for a higher rating under the applicable VA Rating Schedule.

The Board has granted service connection for a chronic right ankle sprain and bilateral knee strain, finding that these conditions are likely due to injuries sustained during active duty.

The Board has determined that the veteran did not timely appeal the August 1998 rating decisions denying service connection for right leg and right ankle disabilities. As a result, these claims are dismissed.

The Board dismissed the veteran's appeal due to a lack of timely filing of a substantive appeal for his claim of entitlement to a rating in excess of 20 percent for right knee chondromalacia.

The Board has decided to remand the case for further development, including obtaining medical records and arranging for VA examinations.

The Board found that the appellant is not in need of regular aid and assistance due to her physical condition, as she can dress, undress herself, feed herself independently, attend to personal needs without assistance, and walk with a cane. The Board concluded that her mental faculties are intact and she can protect herself from hazards.

The Board found that the veteran's current left ankle and left knee disabilities were not incurred in or aggravated by service, nor could they be presumed to have been so incurred. The appeal was denied.

The Board has granted service connection for a right knee disability and an initial evaluation of 20 percent for the residuals of a left ankle fracture. The claim for hypercholesterolemia is being remanded.

The Board denied the veteran's claim for an earlier effective date for service connection of his right ankle disability.

The Board has remanded the case for additional development, including obtaining x-rays of the left knee and bilateral ankles taken at VAMC Topeka in April 2002. The veteran's claims for service connection for a bilateral ankle disorder and a left knee disorder are pending.

The Board has determined that the veteran's back disorder is proximately due to, the result of, or aggravated by his service-connected left ankle fracture. The criteria for an evaluation in excess of 20 percent for residuals of a fracture of the left ankle have not been met.

The Board has remanded the case for further development and review due to new evidence submitted by the veteran, including VA examination reports and private medical records. The issues on appeal include service connection for a left ankle disorder secondary to service-connected fracture of the left patella with traumatic arthritis, as well as increased ratings for fractures of the left patella and elbow.

The Board found that the veteran's right ankle disability, which is currently rated as 20 percent disabling under Diagnostic Code 5271 (marked limitation in motion of the ankle), does not warrant a higher rating. The evidence showed mild to marked limitation in range of motion, but when pain and discomfort were present, there was additional functional loss causing marked limitation in motion.

The Board has granted a 40 percent rating for the service-connected right ankle disability, and continues to deny any increase in rating for arthritis of the lumbar spine and sacroiliac joint.

The Board has remanded the veteran's claims for additional development due to incomplete service records and outstanding medical records.

The Board denied service connection for arthritis, residuals of ankle injuries, and residuals of a shell fragment wound to the right leg due to lack of evidence linking these conditions to service.

The veteran's claims for service connection and increased ratings were denied. The RO found that new and material evidence had not been submitted to reopen the claims for right shoulder, ankle fracture, and low back disorders.

The veteran's claim for a total rating by reason of individual unemployability due to service-connected disabilities is being remanded for additional development, including obtaining Social Security Administration records and scheduling the veteran for a VA examination.

The veteran is seeking service connection for right knee, left knee, right ankle, and left ankle disabilities. The Board has determined that further development is necessary before a final decision can be made.

The veteran is seeking service connection for a bilateral ankle disability, which he contends was incurred during his active duty for training in the Army. The Board has decided to remand this case due to incomplete records and requests further development.