Ankle Board decisions

The Board has determined that new and material evidence has been presented to reopen the claim for service connection for a psychiatric disorder. However, the claims for all other conditions remain denied as there is no current evidence of these disorders or their association with active military service.

The Board dismissed the veteran's claims for increased ratings and service connection due to lack of timely substantive appeals, except for the claim of an increased rating for residuals of a fracture of the right tibia.

The Board has reopened the veteran's claim for service connection for residuals of a left ankle injury, including foot, hip and leg due to new evidence submitted since the January 1993 rating decision.

The Board found that the veteran's right ankle disability, which is manifested by moderate limitation of motion, warrants a 20 percent evaluation.

The Board has determined that the veteran's degenerative joint disease of the right ankle, both knees, and back are reasonably shown to have been caused by his service-connected left ankle sprain with hypertrophic changes.

The Board has determined that the veteran's left ankle Achilles tendon synovitis warrants a 10% evaluation, as it more nearly approximates moderate limitation of motion. The issue of service connection for a back disability is granted.

The Board has determined that the veteran's residuals, right ankle fracture, status post arthroplasty are productive of complaints of pain and occasional mild swelling with loss of strength and neuropathic changes. The medical evidence supports a finding of moderate limitation of motion warranting an initial evaluation of 20 percent.

The Board has granted service connection for a right ankle disability (fracture residuals) secondary to the veteran's service-connected residuals of a gunshot wound, finding that it is likely that his service-connected right leg caused his current right ankle disability.

The Board denied the veteran's claims for service connection for PTSD, tinnitus, a bilateral ankle disorder, and a right shoulder disorder due to lack of verified stressor in the record.

The Board has determined that the veteran's left ankle disability, which is rated as 10 percent disabling under Diagnostic Code 5271 for limited motion of the ankle, does not warrant a higher evaluation based on the evidence of record. The current level of disability more nearly approximates a moderate limitation of motion.

The Board found that the veteran's right ankle disability was not incurred in or aggravated by service and denied his claim.

The Board found that the veteran does not meet or nearly approximate the criteria for a compensable rating for his hemorrhoids. The claims of service connection for headaches, joint stiffness, prostatism, and residuals of left ankle and foot injury were denied as there is no evidence showing these conditions began during service or are causally linked to any incident of active duty.

The Board denied reopening the claim for service connection for pes planus and also denied secondary service connection for bilateral knee arthritis, status post bilateral knee replacements; bilateral ankle disorders, including arthritis; and arthritis of the feet, hips, back and arms as secondary to pes planus.

The veteran meets the criteria for basic entitlement to benefits under Chapter 31, Title 38, United States Code due to his employment handicap caused by a service-connected left ankle disability.

The veteran's service-connected disabilities are not of such severity as to preclude all forms of substantially gainful employment, and therefore the claim for a total disability rating based on individual unemployability due to service-connected disabilities is denied.

The Board found that the veteran does not have current arthritis in his TMJ, left knee, or right ankle. Service connection for these conditions was denied as there is no evidence of a current disability. The claim for an increased rating for residuals of right superficial parotidectomy was also denied.

The Board has determined that the veteran's current left ankle disability is not related to his period of service and thus denied his claim for service connection.

The Board denied an increased rating for the veteran's postoperative residuals, Elmslie procedure, left ankle with degenerative changes.

The Board denied the veteran's claims for an increased evaluation for her left ankle fracture with tendinitis and a temporary total evaluation under 38 C.F.R. § 4.30 following surgery in March 1998, finding that she did not meet the criteria for either benefit.