Ankle decisions — 2005

The Board denied the veteran's claims for an increased rating for his right ankle disability and service connection for a left foot disorder. The veteran was previously granted a 20% evaluation for his right ankle disability effective from August 24, 2000.

The Board has determined that the veteran's conditions, including as due to an undiagnosed illness, are service-connected for wrists, ankles, elbows, hips, and neck disabilities. The right knee disability is also service-connected. However, the veteran does not have chronic fatigue syndrome or asthmatic bronchitis.

The veteran's service-connected residuals of a right ankle fracture are now rated at 30 percent, effective October 29, 2001.

The VA denied the veteran's claim for compensation under 38 U.S.C.A. § 1151, stating that his right ankle disability did not result from carelessness, negligence, or lack of proper skill on the part of VA in furnishing medical treatment.

The Board has determined that the veteran does not have degenerative arthritis of the fingers, shoulders, wrists, legs, ankles, feet, low back, or neck that is attributable to his military service.

The veteran's claim for a compensable rating prior to June 28, 2002 and a higher rating from that date was denied.

The veteran's claims for increased ratings for right ankle disability and left ear hearing loss were denied. The Board found that the evidence did not support a higher rating than the current 10% assigned for moderate limitation of motion of the right ankle, and there was no service connection established for any other conditions related to the issues.

The Board denied increased ratings for the veteran's right ankle injury, finding that the evidence did not meet the criteria for a rating in excess of 20 percent from April 23, 1997 to October 28, 1999 and 30 percent from October 29, 1999.

The Board denied an initial rating in excess of 20 percent for the veteran's left ankle disability, finding that the evidence did not support a higher evaluation based on limitation of motion.

The Board has determined that the veteran's bilateral knee and right ankle disorders are related to his military service.,Service connection is granted for a bilateral knee disorder manifested by x-ray changes, and a right ankle disorder manifested by injury or fracture residuals.

The veteran's appeal for a total disability rating based on individual unemployability (TDIU) is being remanded due to the submission of additional medical evidence. The RO must obtain records of his ongoing treatment and review the claim in light of all received evidence.

The Board denied the veteran's claim for a total disability rating based on individual unemployability (TDIU) as his combined compensation rating for service-connected disabilities is only 50 percent, which does not meet the schedular requirements for assignment of a TDIU rating.

The Board has determined that any current ankle and foot disorders are not related to service, and thus denied the veteran's claims for service connection.

The Board found that the veteran's left lower extremity disability was not caused by carelessness, negligence, or lack of proper skill on the part of VA during his July 1990 surgery. The evidence did not demonstrate additional disability due to the surgery.

The Board has reopened the veteran's claim for service connection for a left ankle disability due to new and material evidence. The claim for service connection for a left knee disability is also granted.

The Board has remanded the case to obtain additional VA treatment records and to arrange for a VA examination if necessary, in order to determine whether the veteran's current left ankle and bilateral foot disabilities are related to his military service.

The Board has denied the veteran's claims for increased ratings for his left and right ankle strains, finding that the evidence does not support a higher rating based on marked limitation of motion.

The Board has granted the veteran's claims to reopen for right shoulder disorder and bilateral pes planus with hallux valgus, callosities and degenerative arthrosis. The veteran is also service-connected for hearing loss in the left ear, degenerative joint disease of the left ankle, degenerative joint disease of the right ankle, a bilateral knee disorder, and depression.

The Board found that the October 1975 RO decision denying service connection for a right ankle disability did not contain clear and unmistakable error. The claim of entitlement to an earlier effective date based on CUE in the October 1975 RO decision is moot due to the passage of time since the filing of the CUE claim.

The Board has remanded the case due to insufficient examination report and additional development is required.