Ankle decisions — 2006

The Board denied the veteran's claims for service connection of a right ankle condition and an increased rating for his right shoulder disability. The Board found no current right ankle disability, and concluded that the veteran did not have chronic right ankle symptoms during service or within one year after separation from service. For the right shoulder disability, the Board noted subjective complaints of persistent pain but found no evidence of a current disability on examination.

The effective date for the grant of a total disability rating based on individual unemployability due to service-connected disabilities is set at February 1, 1996. The veteran's entitlement arose on that date as he was found unable to work due to his service-connected conditions.

The Board has determined that the current 40 percent rating for postoperative fracture of the right ankle, with right calf atrophy and degenerative changes, is appropriate as it reflects the highest schedular evaluation available under any diagnostic code or applicable regulation.

The Board found that the appellant does not have a current left ankle disability and denied her claim for service connection.

The Board has determined that the veteran does not have a current right ankle disability and therefore, service connection for this condition is denied.

The Board found that the veteran's service-connected fracture of the right fibula does not warrant a rating in excess of 10 percent, and denied his claim for service connection for a right ankle disability as secondary to his service-connected residuals of a right leg fracture.

The Board has determined that the veteran's current right ankle disorder is related to an injury sustained during service, and thus grants service connection for a right ankle disorder.

The VA determined that the veteran's left ankle sprains do not warrant a rating higher than 10 percent, as her range of motion is moderate and does not meet criteria for more severe ratings.

The veteran withdrew his appeal for an increased rating of his right ankle disability, leaving no issues remaining for review.

The Board denied the veteran's claims for service connection for left shoulder pain, right ankle sprain, erectile dysfunction, increased/elevated cholesterol, and residuals of vaccinations, P-tab, gamma globulin and anthrax. The appeals were based on presumptive service connection due to undiagnosed illness.

The Board has determined that additional development is needed to adjudicate the veteran's claims for service connection, including obtaining SSA records and affording the veteran a VA examination.

The veteran's appeal for a higher rating for his left ankle disability has been dismissed as he has withdrawn the appeal.

The veteran's claims of service connection for hypertension, tinnitus, left shoulder disorder, and left ankle disability are being remanded due to the need for additional development including obtaining medical records and examinations.

The veteran's service-connected residuals of left hip fracture have been granted effective from June 14, 1978. The RO has also granted separate evaluations for the residuals of left ankle sprain and left sacroiliac strain, both rated at 10 percent since January 30, 1996.

The Board has determined that the veteran's claim for service connection for a left ankle disability based on direct incurrence in service is not new and material, thus denying his attempt to reopen this claim. The claims for service connection for a left knee disability and secondary to service-connected disability are also denied.

The Board has remanded the case due to the need for additional development, including obtaining Social Security Administration (SSA) records.

The Board has granted initial evaluations of 10 percent for the residuals of right ankle sprain and thoracic spine strain, effective December 1, 2000.

The veteran's left ankle fusion is rated at 30% and the residuals of a left patella fracture are rated at 10%. The tender and painful scar over the left knee is also rated at 10%. The effective date for service connection remains May 3, 1994.,The veteran's facial scars (specifically one extending from the left eyelid into the forehead) are rated at 10%.

The VA has remanded the case due to a lack of information from an orthopedic examination scheduled in January 2006. The appellant's claim for increased benefits is pending.

The Board has reopened the claims for service connection for right foot disorder, left foot disorder, and asthma. However, these claims were denied on the merits.