Ankle decisions — 2004

The VA denied the veteran's claims for increased ratings for her service-connected left shoulder strain, tendinitis of the left knee, and tendinitis of the left ankle. The RO found that these conditions did not warrant a rating higher than 10 percent.

The veteran's service-connected tendonitis of the wrists and ankles have been rated as noncompensable, with no compensable rating assigned for headaches.,Both tendonitis conditions are rated based on limitation of motion under Diagnostic Code 5024.

The veteran's hemorrhoids with anal fissure are not manifested by extraordinary or unusual circumstances, such as marked interference with employment or frequent hospitalizations. The veteran is granted a compensable evaluation for residuals of an injury to the left great toe.,Chronic sinusitis has not been productive of three or more incapacitating episodes per year characterized by headaches, pain, and purulent discharge or crusting, or one or more capacitating episodes of sinusitis per year requiring prolonged antibiotic treatment. The veteran's service connection for residuals of a left ankle sprain is not established.

The Board has granted a 10 percent disability rating for the veteran's service-connected residuals of a right knee injury, status post operative repair, anterior cruciate ligament tear. The claim for secondary service connection for right ankle, hip, and low back disorders is also granted.

The veteran's appeal is being remanded for further development and consideration of his claim for an increased rating for residuals of a right ankle injury.

The VA granted a 20 percent disability evaluation for the veteran's right ankle fracture residuals prior to July 26, 2002. The VA also denied service connection for a left knee disability secondary to the right ankle disability.

The veteran's service-connected disabilities do not meet the criteria for a special home adaptation grant or specially adapted housing under 38 U.S.C.A. � 2101(a).

The Board has remanded the case for further development, including scheduling an examination and clarifying the increased rating claim for follicular dermatitis and eczema.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and private medical records from Dr. B's office, as well as scheduling a VA orthopedic reexamination to determine the current severity of the service-connected right ankle disability.

The veteran withdrew his appeal regarding the issues of whether new and material evidence had been received to reopen previously denied claims for service connection for various conditions. The Board has granted a compensable disability evaluation (30%) for the service-connected ureteral calculi.

The Board denied the veteran's claims of service connection for PTSD, right hip disability, left hip disability, right ankle disability, left ankle disability, right knee disability, and vision problems. The decision found that there was no evidence to support a diagnosis of PTSD or any other psychiatric disorder during service or in the years following service.

The veteran's claims of service connection for residuals of a ruptured Achilles tendon, degenerative joint disease of the hips and lumbosacral spine, and residuals of injuries to the left knee and ankle are being remanded due to inadequate examination reports. The claim for higher rating for PTSD is also being remanded.

The veteran's claims for increased evaluations for various spinal and ankle conditions have been remanded due to procedural deficiencies in the notification process.

The veteran's left ankle disability is currently rated at 20 percent, but the Board has determined that a higher rating may be warranted based on his symptoms and limitations. The issues of service connection for cervical and thoracic spine disabilities are also pending.

The Board found that the August 1950 rating decision, continuing a 10 percent evaluation for the veteran's right ankle disability, was not clear and unmistakable error. The correct facts as they were known at the time were before the adjudicator, and the statutory or regulatory provisions extant at the time were correctly applied.

The Board denied service connection for head injuries, epididymitis, and left ankle injury residuals due to lack of evidence of in-service injuries.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA examination to determine if the appellant's service-connected left knee disability caused or aggravated his lumbar spine and right ankle disorders.

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

The Board found that the veteran's residuals of a right ankle injury, including his right leg dystonia, are service-connected.

The veteran requested to withdraw his appeal for increased ratings of a duodenal ulcer, hepatitis, and anxiety disorder. The right ankle disability issue remains with the Board.