Ankle decisions — 2004

The veteran's appeal is being remanded due to the need for additional evidence regarding his claims, including a VA examination and clarification of his service-connected conditions.

The Board has denied service connection for a right ankle disorder and left ankle disorder. The case is being remanded to the RO for further development, including obtaining medical records and arranging for an orthopedic examination.

The Board has granted service connection for PTSD, reopened the right ankle disorder and hypertension claims based on new evidence, and assigned a rating of 10% for PID.

The Board has granted an initial disability rating of 20 percent for the veteran's service-connected left ankle fracture, which is currently manifested by complaints of and treatment for pain, with tenderness, swelling, instability, and no more than marked limitation of motion.

The Board denied the veteran's claims for increased ratings for PTSD, rheumatoid arthritis of the left wrist, right ankle, and left ankle. The initial evaluation for PTSD was not met, and there is no evidence of an active rheumatoid arthritis process or ankylosis in any joint.

The Board has determined that new and material evidence has not been presented to reopen the veteran's claims for service connection for multiple arthralgias, a neuropsychiatric disorder, and chronic bronchitis. The RO decisions denying these claims are final.

The veteran's claims for service connection are being remanded due to the need for additional development, including scheduling a VA examination and providing notice of what evidence is needed to substantiate his claims.

The Board has granted an initial rating of 30 percent for recurrent right ankle sprain status post lateral ankle reconstruction with Brostrom repair, effective from the date service connection was established (September 9, 2002).

The Board denied the veteran's claims of entitlement to a rating in excess of 20 percent for his left ankle disability and service connection for bilateral hip, low back, and right leg disabilities. The Board found that there was no evidence of ankylosis or other functional impairment warranting a higher rating than 20 percent. For the service connection claims, the Board determined that the veteran's current hip, low back, and right leg disabilities were not proximately due to his left ankle disability.

The Board has determined that the veteran's low back and right ankle disabilities are service-connected, while his nose fracture is not. The right ankle weakness is found to be related to the lumbar spine disability.

The VA granted an initial evaluation of 10 percent for arthritis of the right ankle, resolving a previous denial. The veteran's claims for hearing loss and tinnitus remain pending.

The Board found that the veteran's death was not caused by any service-connected disability, and denied the claim for service connection for cause of death.

The veteran's appeal is being remanded to the RO for further action, including scheduling a hearing before a Veterans Law Judge at the Los Angeles Regional Office. The case will be returned to the Board if necessary.

The veteran's service-connected disabilities, including his somatoform disorder and various musculoskeletal issues, do not render him individually unemployable.

The Board has determined that a 20 percent rating is warranted for the veteran's right ankle disability, effective from August 22, 2003. The increased rating reflects marked limitation of motion in the right ankle.

The Board has remanded the veteran's claims for additional development due to outstanding medical records and a need for further examination.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to assess the current severity of his service-connected disabilities.

The Board has reopened the veteran's claim of entitlement to service connection for a chronic right ankle and/or leg disorder, finding that new evidence received since the prior final denial raises a reasonable possibility of substantiating the claim.

The Board has granted a disability rating of 60 percent for the veteran's service-connected status post inferior wall myocardial infarction with essential hypertension, effective from January 12, 1998. The veteran is also granted entitlement to a total disability rating based on individual unemployability due to his service-connected disabilities.

The veteran's claim for an increased evaluation for residuals of a right ankle sprain was granted, with the initial noncompensable evaluation changed to a compensable 10 percent evaluation effective August 11, 2004.