Ankle decisions — 2008

The Board has reopened the claim for service connection for the cause of death, but the evidence does not support granting the claim as the veteran's respiratory condition was not a significant contributing factor to his death.

The veteran's claims for increased ratings for his service-connected left ankle fracture and ganglion cyst were denied as the evidence did not support a higher rating based on current functional impairment.

The Board denied the veteran's claims for increased ratings for degenerative arthritis of the left ankle and osteoarthritis of the right ankle, finding that the current evaluations were appropriate given the evidence of record.

The veteran's claims for service connection for bilateral knee, ankle, right shoulder, and right wrist disorders were denied as there is no current evidence of a disability.

The veteran does not have any of the claimed conditions and there is no evidence to support a finding that these conditions are related to service or exposure to herbicides.

The Board has determined that a timely notice of disagreement was filed with the April 23, 2002 rating decision denying service connection for dysentery, beriberi with swollen feet, ankles, and joints; arteriosclerotic heart disease; and malaria. As such, this matter is being remanded to the RO/AMC for further development.

The Board has remanded the case to comply with instructions from the CAVC, requiring a VA examination and additional VCAA notice. The veteran's claims for service connection for left knee and right ankle disabilities are pending.

The Board has ordered the VA to reschedule examinations for the veteran's knee and ankle disabilities due to his failure to report for previous examinations. The claims will be reconsidered after these examinations.

The Board denied the reopening of the claim for service connection for left knee disability and denied a rating higher than 20 percent for right ankle fracture with degenerative joint disease.

The Board has granted an initial rating of 20 percent for the veteran's left ankle disability with a talocalcaneal spur, effective from the date of service connection. The other issues were not granted increased ratings.

The Board has remanded the case for further development and procedural corrections, including providing notice to the veteran regarding new and material evidence for his claim of service connection for residuals of a left ankle injury. The issue of service connection for schizophrenia is also being addressed.

The VA Board found that the veteran's right ankle sprain with degenerative arthritis, limitation of motion, and instability is currently rated at 20 percent, which is the maximum available rating under Diagnostic Code 5271 for marked limitation of motion. The claim for an increased evaluation was denied.

The veteran's service-connected left ankle disability was initially rated at 10 percent and granted effective February 2, 2001. The rating was later increased to 20 percent effective October 28, 2005.

The veteran's bilateral ankle disabilities have been rated as 10 percent disabling since September 2003. The RO has continued this rating, finding that the disability does not warrant a higher evaluation at any point during the appeal period.

The VA denied the veteran's claim for an evaluation in excess of 10 percent for arthritis of the right ankle, as there was no evidence of additional functional loss due to pain or flare-ups.

The Board has granted service connection for DJD of the right and left ankles, each initially rated at 10 percent. The veteran's appeal is for higher ratings.

The Board denied the veteran's claims for increased ratings for his service-connected right ankle fracture and hypertension, finding that the evidence did not support a rating in excess of 30 percent.

The veteran's claims for service connection on multiple conditions are being remanded due to the need for additional development, including obtaining Social Security Administration records and scheduling a VA examination.

The Board has remanded the case due to failure to obtain service medical records and inadequate reasons for not requiring a VA examination.

The Board has determined that the veteran's bilateral knee and low back disabilities were not incurred in service, are not proximately due to or the result of his service-connected left foot/ankle disability, and have not been aggravated by it. The rating for his left foot/ankle disability is also denied.