Ankle decisions — 2005

The Board has denied the veteran's claims for service connection for bilateral leg and ankle disorders, finding that these conditions are more likely related to non-service connected venous insufficiency.

The Board has determined that an evaluation in excess of 10 percent is not warranted for the veteran's residuals of a fractured right fibula.

The Board found that the veteran's left ankle disability had its onset during service and is related to his inservice injury, thus granting service connection.

The Board has remanded the case for further development to determine if the veteran's right foot pes cavus and any right ankle disorder underwent an increase in severity during service.

The veteran's claims for increased evaluations of his right shoulder and left ankle disabilities have been denied. The right shoulder disability is currently rated at 10 percent, while the left ankle disability was initially rated at noncompensable prior to September 28, 2004, but has since been rated at 20 percent.

The Board has denied the veteran's claim for an increased rating for his service-connected right ankle fracture, finding that the disability is equivalent to no more than marked limitation of motion and does not meet the criteria for a higher rating.

The Board has determined that the effective date for the grant of a total disability rating based on individual unemployability (TDIU) and eligibility for Dependents' Educational Assistance under 38 U.S.C. Chapter 35 cannot be earlier than January 22, 1998.

The veteran's claims for increased ratings for his service-connected right leg and left ankle disabilities are being remanded to the RO for additional development, including obtaining VA treatment records and SSA records.

The Board has denied the veteran's claims for service connection for right knee, left ankle, stomach, and low back disabilities. The examiner found no current diagnoses or etiology that supported these claims.

The Board has determined that the veteran's October 2000 substantive appeal to the June 19, 1999 rating decision was timely filed. The Board also found that the veteran did not submit a timely substantive appeal of the January 3, 1996 rating decision; thus, the Board does not have jurisdiction to consider an appeal stemming from that rating decision.

The VA denied a disability rating in excess of 20 percent for the service-connected right ankle disability, finding that the veteran's manifestations include pain and limited motion but do not meet criteria for a higher rating.

The Board denied the veteran's claim for an effective date earlier than February 18, 1988 for a grant of a total disability evaluation. The veteran was granted service connection for right below-the-knee amputation but not for other conditions.

The Board found that the veteran's arthritis of the right ankle preexisted service and was not aggravated by service. As a result, the claim for service connection was denied.

The veteran's claims for service connection and increased evaluations are being remanded due to the need for additional VA examinations, updated medical records from his recent period of active duty, and consideration of revised rating criteria.

The Board has remanded the case for additional development, including obtaining VA outpatient medical records and scheduling a VA orthopedic examination to assess the severity of the veteran's service-connected left knee and right ankle disabilities.

The veteran's right ankle sprains and injury to the tibialis anterior muscle of the right leg are currently rated at 10 percent, with a recommendation for an increased rating to 20 percent for both conditions.

The Board denied the veteran's claims for service connection for PTSD, a skin disorder, bilateral hip and knee disorders, and bilateral ankle disorders due to lack of evidence supporting these conditions.

The Board denied the veteran's claims for service connection for a cervical spine injury, left ankle injury, and chronic fatigue syndrome due to new and material evidence.

The veteran's service-connected lumbar spine and right ankle disabilities have been rated, but the appeals for higher ratings are denied.

The veteran's right ankle disability is rated at 40 percent, while his right shoulder disability was granted a 30 percent rating from November 20, 2003 to January 3, 2005. The case remains pending for further review.