Ankle decisions — 2004

The Board denied the veteran's claims of service connection for diabetes mellitus, hypertension, residuals of a stroke, asthma, right hip and right ankle disorders. The veteran was also denied increased evaluations for left and right shin splints as well as an initial compensable evaluation for bilateral pes planus.

The Board has determined that the veteran's current degenerative joint disease of the left ankle is related to his in-service injury, and thus service connection for this disability is granted.

The Board has remanded the case for additional development due to the need for VA examinations and records.

The Board found that the veteran's left ankle disability, including traumatic arthritis, is manifested by no more than marked limitation of motion without ankylosis and without malunion of the fibula. Therefore, a rating in excess of 20 percent for the left ankle disability has not been met.

The VA determined that the veteran's right ankle disability, which has been rated at 30 percent since October 1946 and is currently rated as residuals of a fracture with deformity, does not warrant an increase in rating beyond the current level.

The Board has dismissed all issues due to the appellant's withdrawal of the appeal.

The Board has granted a 30 percent evaluation for the appellant's left ankle disability, finding that it more nearly approximates marked impairment of the ankle. A separate 10 percent rating is also assigned for the surgical scar on the left ankle.

The veteran's claim for a compensable rating for service-connected residuals of a left ankle sprain is being remanded due to the need for additional development, including obtaining records from his nursing home and arranging for an examination.

The Board has determined that the veteran's claimed left knee and left ankle disabilities were not incurred or aggravated by service, and therefore denied both issues.

The Board has reopened the veteran's claims for service connection for bilateral knee and ankle disabilities due to new evidence submitted since the prior final decision. The VA medical expert opinion supports a finding that these conditions are related to service.

The Board has determined that the reductions of ratings for residuals of a right knee injury and residuals of a right ankle sprain from 20% to 10% are appropriate under the circumstances, as the veteran's conditions have improved since the initial evaluations.

The veteran's claim for an increased evaluation of her service-connected left ankle fracture was granted, with a rating of 20 percent effective January 13, 2003. The effective date could not be determined as the increase in disability had not occurred prior to this claim.

The veteran's appeal is being remanded for further development, including obtaining SSA medical records and ensuring all notification and development action required by the VCAA are fully complied with.

The Board denied the veteran's claims for service connection for residuals of right and left ankle injuries, finding no current disability in either ankle that could be linked to his in-service injuries.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection of residuals of a left ankle injury, which is now considered granted.

The Board has determined that the veteran's claimed right ankle condition, shin splints, and rectal bleeding were not incurred in or aggravated by active service.,Additionally, there is no basis for presumptive service connection for these conditions.

The Board has determined that the veteran's current bilateral hearing loss is service-connected, but his left ankle disability is not. The decision denies both claims.

The Board denied the veteran's claims for increased evaluations of his service-connected back and left ankle disabilities, as well as his claim for a total compensation rating based on individual unemployability.

The Board denied the veteran's claims for service connection and increased ratings for low back strain, bilateral tinnitus, right shoulder sprain, right ankle sprain, and left knee injury. The VA found no evidence of a nexus between current disabilities and service.

The Board denied reopening the claim of service connection for a psychiatric disorder and denied service connection for a right ankle disability. The veteran's claims were not supported by new and material evidence, and there was no current evidence linking his current disabilities to service.