Ankle decisions — 2005

The Board denied reopening the veteran's claim for service connection for a left leg disability, including the left knee and left ankle. The evidence received since the previous decisions was not considered material to reopen the claim.

The veteran's left ankle and foot disability was rated at 10 percent from March 28, 1994 through September 18, 1997. From September 19, 1997 to September 26, 2000, the disability was rated at 40 percent due to marked limitation of motion with complaints of pain but no additional loss of range of motion. For the period January 1, 2003 through December 7, 2003, and from April 1, 2004, a temporary total rating of 100 percent was in effect followed by a permanent 40 percent evaluation.

The Board has denied the veteran's claims for service connection for bilateral hearing loss, residuals of pneumonia, a bilateral knee disorder, and a right ankle disorder due to lack of evidence linking these conditions to his military service.

The veteran's claim for an increased evaluation of his service-connected right ankle disability is being remanded due to the need for proper VCAA notification and a new examination.

The Board has determined that the veteran does not have a current diagnosis of left shoulder, bilateral hip, bilateral ankle, neck or lumbar spine disorders. The preponderance of evidence is against his claims for service connection for these conditions.

The Board has determined that the veteran's claimed bilateral knee and ankle disorders are not proximately due to, or a consequence of, service-connected bilateral foot strain. The headache disorder claim is also denied.

The Board has granted service connection for residuals of a left ankle fracture and assigned December 6, 2000 as the effective date. The earlier effective date claim is also granted.

The veteran's appeal is being remanded due to the need for a hearing before a Veterans Law Judge from the Board.

The Board denied the veteran's claims for increased ratings for his service-connected lumbar spine injury, left foot injury, and left ankle injury.

The Board has determined that new and material evidence has not been submitted to reopen the claim of service connection for a left ankle disorder, as no such evidence was received since the July 1985 rating decision.

The veteran's claims for service connection for a right ankle disability and bilateral tinnitus are being remanded due to incomplete notification, need for medical examination, and other procedural issues.

The Board has granted an initial rating of 20 percent for DJD of the left ankle, a 10 percent evaluation for chronic maxillary sinusitis, and denied compensable ratings for hemorrhoids.

The Board has determined that the veteran's claims for increased ratings and service connection have been denied. The RO previously denied these claims, and no new evidence was presented to reopen any of the claims.

The veteran's service-connected disabilities do not meet the criteria for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment, as his actual functional use of his ankles/feet is not so ineffective that it could be equally well served by an amputation.

The veteran's claim for payment or reimbursement of medical expenses incurred at a private facility in February 1999 was denied because the treatment was for a non-service-connected condition. The AOJ will need to obtain additional VA records and review them, including an opinion from the Chief Medical Officer.

The veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on the need for aid and attendance of another person.

The Board denied the veteran's claim for an earlier effective date of March 25, 1996 for service connection for residuals of a jeep accident during service.