Ankle decisions — 2009

The Veteran's appeal is being remanded for additional development, including a videoconference hearing before the Board of Veterans' Appeals.

The Board has reopened the appellant's claim of entitlement to service connection for a lumbar spine disorder. The right ankle disorder claim is remanded due to the need for additional medical opinions and examinations.

The Board has granted a separate 30 percent rating for the severe foot injury, effective December 3, 2004. The Veteran's left ankle disability remains at 10 percent.

The Veteran's appeal is being remanded for further development to determine if his current ankle disability is related to service or a service-connected condition.

The Board has remanded the case due to the need for further examination and development of evidence regarding the Veteran's left ankle disability.

The Veteran's service-connected right thigh and left ankle shell fragment wounds have not been found to warrant evaluations in excess of the current ratings. The TDIU claim has also been denied.

The Board has remanded the case for further development due to incomplete records and unfulfilled requests.

The Veteran's service-connected knee, ankle, shoulder, and elbow disabilities have not met the criteria for a higher initial evaluation throughout the appeal period.

The Board has denied the Veteran's claims for service connection for various knee and ankle disabilities, as well as his requests for increased ratings. The appeals have been remanded multiple times due to procedural issues.

The Veteran's claims for increased evaluations and a compensable evaluation were denied. The effective date of service connection for his right hip disability was also denied.

The Board found that the Veteran's Multiple Sclerosis did not have its onset during service or within one year of separation, and denied service connection. The right ankle disability claim was reopened due to new evidence but service connection was still denied.

The Veteran's right ankle disability is rated at 20 percent since November 9, 2007. The Board has determined that he should be rated at 30 percent beginning February 19, 2004. His left knee disorder is currently rated as 30 percent disabling. Pseudofolliculitis barbae (PFB) is rated at 10 percent.

The Board has granted service connection for traumatic degenerative joint disease (DJD) of the right ankle, finding that it resulted from an injury sustained during active service.

The Veteran's claim for service connection for a chronic left ankle disorder is being remanded due to the need for additional development, including an orthopedic examination.

The Veteran's appeal for higher initial evaluations for her service-connected conditions was dismissed due to her withdrawal of the appeal concerning a higher initial evaluation for adjustment disorder, currently evaluated as 30 percent disabling.

The Board has determined that the Veteran's current neck disability is not related to his in-service injury, and thus service connection for residuals of a neck injury is denied.

The Veteran's left knee condition was rated as 10 percent prior to May 15, 2006 and as 20 percent since that date. The right knee condition has been rated at 10 percent.,Arthritis of the bilateral shoulders was not rated higher than 10 percent prior to November 29, 1999. Since then, arthritis of the left shoulder has not warranted a rating higher than 10 percent and arthritis of the right shoulder has not been rated at all.,Since August 27, 2002, arthritis of the right shoulder has been rated as 10 percent disabling. Arthritis of the hands was rated noncompensable prior to that date but is now rated at 10 percent since then.,Arthritis of the left ankle and right ankle have both been rated at 10 percent since August 27, 2002.

The Veteran's service-connected right ankle disability, characterized by marked limitation of motion and traumatic arthritis, warrants a 20 percent evaluation.

The Board has determined that the reduction of the Veteran's disability evaluation from 30 percent to 20 percent effective May 1, 2005 was proper and denied the Veteran's claims for SMC based on loss of use of the right foot and TDIU.

The Board has granted a disability rating of 20 percent for each of the Veteran's service-connected residuals of fracture, right ankle and left ankle.