Ankle decisions — 2006

The VA has determined that the veteran's right ankle disability, rated at 20 percent, does not meet or approximate the criteria for a higher rating based on additional limitation of motion or functional impairment.

The Board has determined that additional development is needed to verify the veteran's service dates and obtain all relevant medical records. The case will be remanded for these actions.

The Board denied the veteran's claims for service connection and initial disability ratings for various conditions, including psoriasis, psoriatic arthritis of multiple joints, and bilateral pes planus. The decision was final regarding a previous denial of service connection for a mood disorder.

The Board has determined that the veteran's skin cancer was not incurred in or aggravated by service and may not be presumed to have been incurred in service. The claims for residuals of a concussion, right ankle fracture, right wrist fracture, and occipital parietal diastasis fracture with left facial paralysis are denied as well.

The veteran's death was not service-connected, and his total disability rating did not meet the criteria for DIC under 38 U.S.C.A. § 1318.

The VA has determined that the veteran's left ankle degenerative joint disease, status post fusion, warrants a maximum rating of 20 percent and thus does not meet criteria for an increased rating.

The Board has denied the veteran's claim for an increased rating for his service-connected left ankle disability, finding that a 20 percent rating is appropriate based on marked limitation of motion.

The veteran's request for service connection for rheumatoid arthritis of the right ankle and hip is being remanded due to his request for a videoconference hearing.

The veteran's hepatitis C was rated at 10 percent since January 2005. The cervical spine disorder is rated as 10 percent disabling, and the right ankle fracture is rated as 20 percent disabling on and after June 1, 2005. The PTSD is rated as 50 percent disabling prior to May 24, 2005, and 70 percent disabling thereafter.

The Board has determined that the veteran's residuals of a left ankle injury do not warrant an evaluation in excess of 10 percent, as there are no current symptoms and the disability does not appear to have 'moderate' symptoms.

The Board denied the veteran's claim for an earlier effective date for a 10 percent rating for his service-connected left ankle disability, finding that no evidence supported filing of a prior increased rating claim or entitlement to a compensable rating before May 7, 2002.

The Board has determined that service connection is not warranted for the claimed right inguinal hernia, left ear hearing loss, or right ankle condition.

The Board has determined that the appellant does not have current residuals of a right ankle fracture or degenerative joint disease of the right knee related to military service.

The Board has denied the veteran's claims for service connection for residuals of a right ankle sprain and fungus of the legs, arms, hands, and feet as there is no competent evidence showing current disabilities or a nexus to military service.

The veteran's service connection for residuals of a left ankle fracture is granted. The case was remanded for additional development, including obtaining VA treatment records and scheduling the veteran for appropriate examinations to assess his current level of disability attributable to his service-connected spine and left shoulder disabilities.

The Board denied the veteran's claims for increased ratings for patellofemoral syndrome of the right knee, left hip bursitis, and right Achilles tendonitis (claimed as right ankle pain) due to a lack of evidence showing limitation of motion in any of these joints.

The Board denied the veteran's claims for service connection for a left ankle disability and an increased rating for right ear hearing loss, finding that his pre-existing left ankle condition did not worsen during service.

The Board has determined that the appellant is entitled to special monthly compensation based on a need for regular aid and attendance due to service-connected disabilities of the lumbar spine, knees, and ankles.

The veteran's service records do not show any chronic conditions related to the claimed disabilities. The Board denied all claims of service connection.