Ankle decisions — 2006

The Board has determined that the veteran does not have a current diagnosis of chronic sinusitis, bronchitis, or any other claimed disabilities. Service connection for these conditions is denied.

The Board has granted a 20 percent rating for the veteran's left ankle disability, which is currently rated as 10 percent disabling.

The Board has remanded the case for further development, including obtaining medical records and scheduling examinations to assess the veteran's conditions. The claims will be readjudicated after these actions.

The Board has determined that additional medical examinations are needed to clarify the relationship between the veteran's service-connected pes planus and his claimed disabilities, including bilateral ankle, knee, hip conditions, and degenerative joint and disc disease of the lumbar spine.

The Board has granted service connection for left hip and left ankle degenerative joint disease as secondary to the service-connected status post left knee replacement, and right knee arthritis as secondary to the service-connected left knee arthritis.

The veteran's initial noncompensable rating for a scar associated with his right ankle surgery is denied.

The veteran's claims for service connection are being remanded due to the need for additional development, including a VA examination.

The veteran's right ankle disability was initially granted service connection and a rating in March 1946. He did not appeal this decision. In February 1950, he filed an application for automobile allowance and/or adaptive equipment, which included a claim for SMC based on loss of use of one foot. The RO denied his claim due to the lack of evidence showing loss of use of one foot at that time. In August 2004, VA awarded him SMC effective from August 7, 1975, based on his earlier application. The Board found that the June 1950 denial was clearly and unmistakably erroneous due to a change in regulatory criteria.

The veteran's service-connected left and right ankle disabilities are currently rated at 10 percent each, but the evidence does not support a higher rating based on moderate limitation of motion.

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for a left ankle disability. The skin disability of the hands and feet was addressed, but further development is needed before a decision can be made.

The VA denied compensable ratings for the veteran's service-connected bilateral ankle injuries and left knee injury, attributing symptoms to non-service-connected conditions.

The veteran's PTSD is found to be service-connected, and his hemorrhoids are also found to be service-connected. The right ankle condition remains at the initial rating stage.

The veteran's claims for service connection are being remanded due to the need for additional development and notification under the Veterans Claims Assistance Act of 2000 (VCAA). The case will be returned to the Board after this is completed.

The veteran's claims for service connection and initial ratings for various disabilities have been denied. The RO has granted service connection, but not the requested increased ratings or earlier effective dates.

The Board has determined that the veteran's current left ankle disability, including absent active motion of the ankle, is due to his non-service-connected demyelinating disease/multiple sclerosis rather than his service-connected status post avulsion fracture. Therefore, an increased rating beyond 20 percent is not warranted.

The Board has ordered the VA to obtain medical records from Dr. Mark Salvaggio, Union County Hospital, and Raleigh Outpatient Clinic for further review of the veteran's claims.

The Board has granted a 20 percent evaluation for the veteran's residuals of a right ankle fracture, which is more severe than the current 10 percent rating.

The RO has increased the ratings for the veteran's right ankle conditions, but the appeal is still pending and requires further development.

The Board has determined that new and material evidence has been received to re-open the claim for a right ankle distal fibula fracture. The veteran's service-connected right knee meniscectomy is found to be related to his right ankle fracture, thus granting service connection.

The veteran's appeal is being remanded for additional examinations and records to determine service connection for PTSD and left ankle issues.