Ankle decisions — 2005

The VA has determined that the veteran's right ankle disability, which is manifested by limited motion but not more than moderate limitation of motion, warrants a 10 percent rating.

The Board has determined that the veteran does not have a current disability related to his service-connected ankle disability. The examiner found no abnormality of the ankles and concluded there is no disability whatsoever related to the veteran's ankles.

The Board granted a 10 percent rating for the service-connected residuals of left ankle sprain, effective from June 17, 2002.,The Board denied the veteran's claim for an earlier effective date for the grant of a compensable rating for his service-connected residuals of left ankle sprain.

The VA denied a higher rating for the veteran's service-connected right ankle fracture with degenerative joint disease, currently rated at 20 percent.

The Board found that the veteran's right ankle symptoms during service were acute and resolved without leaving a current, chronic disability. Therefore, her claim for service connection was denied.

The Board has determined that the veteran's service-connected right and left ankle disabilities do not warrant a rating higher than 10 percent, as they are currently evaluated. The evidence does not support an increase in disability ratings due to functional loss or other factors.

The Board has granted the application to reopen the previously denied claim of entitlement to service connection for a bilateral ankle disorder. The claims of service connection for bilateral knee and hip disorders are addressed in the REMAND portion of this decision.

The Board found that the veteran's right ankle disability, which included a pre-existing fracture and degenerative joint disease, was not aggravated by service. As such, it could not be presumed to have been incurred in or aggravated by active service.

The veteran's service-connected disabilities have been rated, but the combined rating for both conditions cannot exceed a maximum of 40 percent due to VA regulations.

The veteran's appeals for increased ratings on several service-connected disabilities have been dismissed as he has withdrawn his claims of entitlement to an initial compensable rating for scars of the scalp and face, and entitlement to a 10 percent disability rating for multiple noncompensable service-connected disabilities under 38 C.F.R. § 3.324.

The Board has determined that the veteran's current bilateral ankle disability is not related to his active service and denied his claim for service connection.

The case is being remanded for further review of the veteran's outpatient records related to his right leg/ankle disability, and a supplemental statement of the case (SSOC) must be issued.

The Board has reviewed the claims for service connection and found that new and material evidence was not submitted to reopen any of the previously denied claims. The veteran's current conditions are not shown to be related to his military service.

The VA denied a rating in excess of 20 percent for the veteran's service-connected right ankle fracture, as his condition is currently manifested by marked limitation of motion.

The veteran's left foot injury with traumatic arthritis of the ankle, hallux valgus/bunion, and metatarsalgia/plantar fasciitis has been granted a 30 percent evaluation from October 21, 1992. The multiple fractures of the left lower extremity have also been granted a 30 percent evaluation from January 1, 1992 (excluding periods of temporary total evaluations).

The Board denied the appellant's claim for service connection for a right ankle disorder, finding no evidence of such condition during or after her military service. The claim for hysterectomy was not about service connection at all.

The veteran's appeal is being remanded for additional development, including obtaining medical records and providing the veteran with a VA examination to determine if her current right knee, tibia, and ankle disabilities are related to service.

The veteran's claims for PTSD, duodenal ulcer with resulting gastric resection, tinea pedis, and a skin disorder of the hands were all denied. The VA also denied an increased evaluation for residuals of shell fragment wounds to various body parts. No new evidence was submitted that could reopen any of these claims.

The veteran's service-connected right ankle fracture with residual traumatic arthritis, lumbar spinal stenosis with disc bulges at L3-4, and medial meniscal tear of the right knee are all rated as they currently are. The veteran is not entitled to higher ratings for any of these conditions.

The veteran's claims for increased disability ratings for service-connected left index finger and left ankle disabilities were denied. The evidence did not support the need for a higher rating under the applicable VA rating criteria.