Ankle decisions — 2008

The Board denied the veteran's claims for a higher rating for duodenal ulcer disease with hiatal hernia and gastroesophageal reflux disease, as well as his claim for a higher rating for residuals of a left ankle strain with degenerative arthritis. The maximum schedular ratings were not met.

The Board has determined that the veteran's PTSD symptoms have resulted in total occupational and social impairment, warranting a 100% disability rating for the entire period of initial rating claim from March 31, 2005.

The Board found that the veteran's left ankle infection and nerve entrapment were not caused by VA carelessness, negligence, or error. The events were considered reasonably foreseeable.

The veteran's left wrist fracture and right wrist cyst are not rated as compensable, but his left ankle disorder is granted service connection.

The veteran's PTSD and major depression are rated at the highest possible level (70%), while his scars, disarticulation of the left hip, and hypertension are each rated at their maximum levels. The claim for a higher rating for PTSD and major depression is granted.

The Board has granted the veteran increased ratings of 10 percent for his right knee post-patellar tendon wedge resection and left ankle post-osteophyles chondral lesion debridgement, effective from March 29, 2007. The other issues remain denied.

The VA has determined that the veteran's right ankle disability, which is already rated at 20 percent, does not meet or approximate the criteria for a higher evaluation due to marked limitation of motion.

The Board has remanded the appeal due to the need for additional development, including obtaining VA medical records and scheduling a VA examination.

The Board has denied the request to reopen the claim of service connection for residuals of a left ankle injury because the new evidence submitted is not material and does not provide sufficient information to establish an in-service injury.

The Board denied the veteran's claims for reopening his previously denied service connection claims for arthritis of the leg joints and shoulders. The low back disability and emphysema issues were not addressed in this decision.

The Board finds that the evidence does not show a current disability of the right ankle, low back, left knee, or sinus. Therefore, service connection for these conditions is denied.

The Board has determined that the veteran's left ankle, low back, and bilateral hip disabilities are not proximately due to or the result of his service-connected right knee disability.

The Board grants reopening of the claim for service connection for migraine headaches and remands the reopened claim for additional development.

The veteran's service-connected post-operative fracture of right ankle with history of traumatic arthritis and fusion is currently rated at 40 percent, but the Board found that this rating was not sufficient to reflect his current level of disability.

The Board has remanded the veteran's claims for service connection due to ongoing complaints of pain in his right hip, neck, and left ankle. The claims are now pending with further development required.

The Board has determined that the veteran's service-connected bilateral foot disability, lumbar spine sprain, and residual scarring from surgery on the right ankle/foot do not warrant higher initial ratings. The RO granted service connection for these conditions with effective date in October 2004.

The veteran's claims for increased ratings for his service-connected degenerative joint disease of the right ankle and left foot were granted effective April 11, 2002.

The veteran's service-connected conditions do not meet the criteria for eligibility for financial assistance in purchasing an automobile and adaptive equipment, as his disabilities have not resulted in loss of use of one or both feet.

The veteran's left ankle disorder is not service-connected.,There is no evidence of a headache disorder related to service or service-connected conditions.,No eating disorder has been diagnosed.,Polyarthritis and polyarthralgia are not shown in the record.,An eye disorder was not found during the review.,Epididymitis is secondary to prostatitis but considered separate for compensation purposes.,Memory loss and sleep impairment are manifestations of dysthymic disorder, with no separately ratable conditions identified.,No effective date earlier than July 25, 1996 can be assigned for the grant of service connection for an acquired psychiatric disorder (depression and memory loss).,No effective date earlier than July 25, 1996 can be assigned for the grant of service connection for a left hip disorder.

The Board has ordered a remand to determine if the veteran's current right ankle arthritis is related to service, including his reported strep throat in October 1967. The case will be reconsidered based on the new examination and evidence.