Ankle decisions — 2005

The Board found that the cause of the veteran's death was not related to his service-connected conditions, and denied both the claim for service connection for the cause of death and the DIC under 38 U.S.C.A. § 1318.

The veteran's claim for a compensable evaluation and higher ratings for his service-connected varicose veins of the left leg with recurrent stasis ulcer was granted by the Board, effective from November 18, 1973 through February 22, 1987. The rating was increased to 60 percent as of January 12, 1998.

The Board has reopened the veteran's claims for service connection for right and left ankle disabilities, finding that new evidence supports a claim of service connection for the right ankle disability. The left ankle disability is still under review.

The Board found that the veteran's left ankle fusion surgery was appropriate and did not result from negligence or unforeseeable events, thus denying his claim for compensation under 38 U.S.C.A. § 1151.

The Board has granted service connection for residuals of a right great toe fracture and Freiberg's disease of the left foot. The claim for service connection for a right ankle disability was denied, as there is no evidence of current pathology related to osteochondritis dissecans in the claims file or X-rays performed during VA examinations. The veteran's postoperative cholecystectomy residuals are currently rated noncompensable.

The veteran's left knee disability is rated at 20 percent, effective from December 16, 2004. The right ankle scar is rated at 10 percent, also effective from December 16, 2004.

The Board has denied service connection for a bilateral ankle disorder due to lack of evidence showing such an injury or disease in service. Service connection was not granted for the veteran's low back and bilateral knee disorders as further medical examination is needed.

The Board found that the appellant's disabilities of the feet, ankles, and legs (i.e. shin splints) did not originate in service or within one year thereafter and is not related to any incident of service.

The veteran's appeal is being remanded for additional development of her claims, including obtaining medical records and ensuring due process.

The Board found that the veteran's left ankle disability, which is currently rated at 20 percent disabling, does not warrant an increased evaluation as there was no evidence of fixation or ankylosis in the joint. The highest schedular evaluation available for limitation of motion in an ankle joint is already assigned.

The Board has determined that there is no evidence of current disabilities for the claimed conditions, and thus service connection cannot be granted.

The Board denied the veteran's claims for increased ratings and restoration of a compensable rating for his right fibula fracture, finding that he did not meet the criteria for higher ratings based on the nature of his disability.

The veteran withdrew his appeal of the issues of entitlement to service connection for low spine and heart disorders prior to a decision being made.

The veteran's claim for service connection for osteoarthritis of the knees, ankles, and hands was denied. His claim for an increased rating for residuals of undulant fever with arthritis in the knees, ankles, and left wrist was also denied.

The Board has granted service connection for the veteran's low back disability, finding that it is at least as likely as not related to his in-service injury. The claim of entitlement to service connection for residuals of a right ankle sprain was denied due to lack of new and material evidence.

The veteran's right ankle disability, which includes degenerative joint disease and instability, is currently rated at 20 percent. The Board finds that the evidence does not support a higher rating.

The Board denied the veteran's claims for increased ratings for his post-traumatic headaches and left ankle disability, finding that a rating higher than 10 percent is not warranted based on the evidence provided.

The veteran's claim for a plot or interment allowance is denied as he was buried in a national cemetery.

The Board has determined that the veteran's right ankle fracture residuals were aggravated by active service, and therefore grants service connection for these residuals.

The veteran's claims for increased ratings were granted, with the right ankle arthritis receiving a 10 percent evaluation effective from August 26, 1998.