Ankle decisions — 2006

The Board has granted an extension of the temporary total rating based on the need for convalescence due to the veteran's right knee surgery, which necessitated a period beyond October 31, 1997.

The Board has denied the veteran's claims for service connection for various conditions, including lumbar spine disorder, cervical spine disorder, right wrist disorder, left knee disorder, left ankle disorder, headache disorder, and hearing loss. The decision is based on a lack of evidence linking these conditions to service.

The Board found that the veteran's current evaluations for his cervical spine and right ankle disabilities do not meet the criteria for a higher evaluation under the applicable rating criteria.

The Board found that the veteran's current left foot and ankle disorder is not related to his in-service injury, and thus denied his claim for service connection.

The Board has determined that the veteran's service-connected traumatic arthritis of the right ankle warrants a 40 percent rating, which is the highest available under Diagnostic Code 5270 for ankylosis of the ankle.

The Board denied service connection for a right ankle disorder and vascular disability of the right lower extremity manifested by edema and cellulitis, finding no evidence of such conditions in service or until decades after service.

The Board denied the veteran's claims for service connection for a left ankle disorder as secondary to his service-connected left eye disabilities and TDIU based on combined rating criteria. The veteran's left eye disorders are not considered a proximate cause of his left ankle injury.

The Board has remanded the veteran's claims for additional development due to failure of the veteran to report for scheduled VA examinations.

The Board denied the veteran's claims of service connection for a left ankle disability and a compensable rating for his right elbow disability.

The Board has denied the veteran's claims for increased disability evaluations for his service-connected low back, right knee, left knee, right ankle, and left ankle disabilities.

The Board has granted increased evaluations for the veteran's left ankle disability and nasal fracture, with a rating of 30 percent for the left ankle.

The Board has determined that the veteran's residuals of a fractured left ankle with non-union of the fibula and degenerative arthritis have been predominantly manifested by left ankle dorsiflexion to 0 degrees and plantar flexion to 40 degrees, slight swelling, pain on motion, pain on palpation, tenderness, some instability, weakness, and additional limitation of motion on repetitive use and with flare-ups. For the periods from August 8, 2001, to November 29, 2001, and commencing January 1, 2002, a 30 percent rating is granted.

The veteran's service-connected disabilities, including residuals of a shell fragment wound to the right tibia with ankylosis of the ankle, atrophy of the right thigh, mandible fracture residuals, healed rib fracture, facial scars, and chest scar, are currently rated as 60 percent disabling. The Board denied increased ratings for all service-connected conditions.

The Board denied the veteran's claims for service connection for arthritis of the ankles, knees, and shins. The veteran also had bilateral hearing loss evaluated by VA, but his claim was not granted as he did not have a current diagnosis of these conditions.

The Board has determined that the veteran's current right ankle and right knee disorders are not related to his service, including any in-service injuries or incidents.

The veteran's claims for increased ratings for prostate cancer and left ankle disabilities are being remanded due to the need for additional VA examinations.

The Board has remanded the case due to the need for a VA examination.

The Board denied the veteran's claim for a higher disability evaluation for his right ankle disability and service connection for residuals of left knee arthroscopy and lumbar paravertebral myositis.

The Board has found that the veteran's right ankle sprain is related to service, but his current right medial malleolus disability is not. Service connection for the right ankle sprain is granted, while service connection for the right medial malleolus disability is denied.

The veteran's appeal is being remanded for further action, including scheduling a hearing and readjudicating the claims.