Ankle decisions — 2006

The Board has determined that the veteran's left ankle DJD warrants a higher initial evaluation of 20 percent, as his symptoms during flare-up periods produce marked limitation of motion.

The Board has determined that the veteran's service-connected disabilities do not warrant a rating in excess of those currently assigned.

The Board has determined that the veteran's residuals of a fracture to the right distal tibia do not warrant an evaluation in excess of 20 percent.

The Board has determined that the evidence received since the February 1995 decision is not new and material, thus denying the veteran's attempts to reopen his claims for service connection of left and right ankle disorders.

The Board has remanded the case for additional development due to failure to obtain service medical records and other relevant documents.

The veteran's disability, which involves partial paralysis of the left lumbar plexis and damage to the iliopsoas muscle with limitation of motion of the left hip and ankle, has been rated at 40 percent since August 1981. The current evaluation is consistent with the severity of his condition as determined by objective examination.

The Board denied the veteran's claims for higher ratings for her right knee, right ankle, and right hip disabilities. The claim for post-traumatic headaches was also denied.

The case is being remanded for additional development due to the need for a VCAA letter.

The Board has determined that the veteran does not have a current right ankle disability related to his service, and thus denied the claim for service connection.

The Board denied the veteran's claim for service connection for bilateral ankle disability, finding that there was no evidence linking his current conditions to service.

The Board has determined that the veteran's right ankle disability does not warrant a rating higher than 20 percent, as there is no evidence of ankylosis or instability. The current 20 percent rating is considered the maximum available under Diagnostic Code 5271.

The Board has denied the veteran's claims for service connection for chronic left ankle sprain and residuals of pneumonia, including claimed chronic bronchitis. The effective date for the grants of service connection is set at May 24, 1999.

The Board has denied the veteran's claims for service connection for right knee, left knee, and left ankle disabilities due to a lack of proof of current disability.

The Board found that the veteran's right ankle disability, which includes arthritis and a history of fracture, is currently manifested by pain and swelling with resulting restriction in prolonged physical activity. This equates to no more than marked limitation of motion; there is no indication of ankylosis. The criteria for a higher rating are not met.

The veteran's claim for an increased evaluation of his left ankle disability was denied. The Board lacks jurisdiction to review the merits of his total disability rating claim due to a lack of timely filing. His claims for service connection related to right leg, bilateral knee, left hip, and back disabilities are remanded.

The Board denied service connection for various conditions, including fatigue, feverishness, night sweats and hot flashes, chest pains, shortness of breath and asthma, joint and muscle pain, eye disorder, stomach aches, diarrhea, rectal itching, headaches, and allergic rhinitis. The veteran's claim was based on new evidence.

The Board denied service connection for a left ankle/heel disability and denied an increased rating for the veteran's service-connected left knee disability. The RO assigned a 30 percent evaluation for the service-connected left knee disability.

The Board denied the veteran's claims for service connection for diabetes mellitus, lumbosacral strain, right ankle disorder, and left ankle disorder due to lack of new and material evidence. The other issues were not addressed as they are remanded.

The veteran's claims for higher ratings for his service-connected left ankle, right wrist, and right elbow disabilities were denied. The RO increased the evaluation of the left ankle disability to 20 percent in January 2004 but did not grant a higher rating. For the period between August 1, 2001 and March 6, 2005, the veteran's right wrist and elbow disabilities were rated as noncompensably disabling. Beginning March 7, 2005, they were each rated at 10 percent. The RO did not grant higher ratings for these periods.

The veteran's right ankle disability is not service connected.,Tension headaches are service-connected and rated as noncompensable.