Ankle decisions — 2009

The Veteran's claim for an evaluation in excess of 10 percent for degenerative joint disease of the right ankle was granted, but no new or material evidence was presented to reopen the claim. The current disability is manifested by pain and arthritis without limitation of motion.

The Veteran's claims for service connection and increased evaluations were denied. The RO found that the evidence did not support a compensable rating for hearing loss.

The Board has determined that the Veteran's left ankle disability, characterized as residuals of osteochondral lesion, does not warrant a compensable rating based on its current manifestations.

The Board has denied all service connection claims, finding no evidence of chronic disabilities in service or for many years thereafter. The Veteran's lay statements regarding inservice incidents are not sufficient to establish service connection.

The Veteran's right ankle disability is currently rated at 20 percent, the maximum schedular rating available for marked limitation of motion. The appeal has been denied as there is no evidence of ankylosis or other conditions that would warrant a higher rating.

The Veteran's service-connected left knee and ankle disabilities are currently rated at 10 percent each. The Board has determined that the evidence does not support a higher rating for either disability.

The Board has denied the Veteran's claims for service connection for residuals of a broken collar bone, acid reflux, bilateral ankle disability, cellulitis, bowel disorder, migraines, kidney failure, hiatal hernia, and bilateral pes planus. The issues have been remanded to issue an SOC.

The Veteran's bilateral traumatic arthritis of the ankles, right ankle fracture with traumatic arthritis, and left ankle sprain with traumatic arthritis have been rated as 10 percent each since October 16, 1989. The Veteran is entitled to a higher rating for his right ankle condition from November 8, 1999; and, in excess of 20 percent from August 4, 2004.

The Board has remanded the case due to the need for additional service treatment records and a supplemental medical opinion regarding whether the appellant's current left ankle disability is related to his INACDUTRA service in July 1962.

The Board found that the Veteran's service-connected residuals of a left ankle sprain were manifested by objective findings of giving way, instability, pain, and weakness, with no findings of joint deformity, inflammation, stiffness, arthritis, ankylosis, or limitation of motion. The criteria for a disability rating in excess of 10 percent disabling for residuals of a left ankle sprain have not been met.

The Veteran's appeal was dismissed due to the withdrawal of his claim for an increased rating for residuals of removal of right rib and left rib. The remaining issues were not addressed as they are downstream from the initial rating decision.

The Board found no evidence of a confirmed diagnosis of hypertension in service or during the applicable presumptive period, and denied service connection for hypertension. The Veteran's right ankle disability was not shown to have had its onset during service.

The Veteran's claims for increased evaluations of his right ankle and knee disabilities were denied. The claim to reopen a right wrist disability was granted, but no new evaluation is assigned as the highest schedular rating has already been reached.

The Veteran's service-connected disabilities do not meet the requirements necessary to warrant special monthly compensation at higher levels than the (l) rate.

The Board denied the claims for service connection for residuals of a left ankle injury, including the foot, hip, and leg; low back disability; and PTSD. The appellant's complaints were not related to his in-service twisted ankle.

The Board has granted service connection for mechanical back syndrome as secondary to the Veteran's service-connected right ankle disability.

The Board denied the claim of clear and unmistakable error in the July 14, 1950 rating decision that granted service connection for a right ankle sprain with a noncompensable evaluation.

The Board has determined that the Veteran does not have a current diagnosis of bilateral ankle disability. The VA examinations and other evidence do not support a finding of a left knee disability due to service connection.

The Veteran's service-connected osteoarthritis of the right ankle is manifested by ankylosis, and he is currently receiving a 40% rating for this condition. The Board denied his request for an increased rating as the current evaluation adequately compensates for his disability.

The Board has granted the Veteran's claims to reopen his service connection claims for bilateral knee and hip disorders, finding that new and material evidence has been submitted. The Board also found that these conditions are not related to his service-connected right ankle disorder.