Ankle Board decisions

The Board has determined that new and material evidence has not been submitted to reopen the claim of service connection for left ankle and neck disabilities. The veteran's claims for increased evaluation of right knee disability and for left ring finger, long finger, and wrist disabilities are referred to the RO for further consideration.

The Board has granted service connection for left hip sprain and assigned a 10 percent evaluation. The veteran's lumbar spine injury is rated as moderate with no additional limitation due to pain, spasm, or weakness. Bilateral tinnitus is rated at the maximum allowable under VA guidelines. Service connection was also established for bilateral hearing loss and right hip sprain. A noncompensable rating has been assigned for bilateral hip tendonitis.

The Board has determined that the veteran's current left ankle disorder, including post-traumatic arthritis and chronic left lateral ankle instability, is a residual of his in-service injury. The Board finds sufficient evidence to establish service connection for these residuals.

The Board has granted an increased rating of 30 percent for the service-connected right ankle disability, which is currently rated as 20 percent disabling.

The Board has determined that the veteran currently has right knee and right ankle strain, which were incurred in service. The claim for left ankle strain is remanded. Post-traumatic headaches are also granted. Service connection for lumbosacral strain was not established.

The veteran's service-connected disabilities, including arthritis of the lumbar spine with DDD, left and right knee and ankle arthritides, as well as postoperative foot disabilities, have been granted increased evaluations.

The Board found that the veteran's disorders of the feet and right ankle did not begin in or are aggravated by service, nor were they caused by a service-connected disability. The Board also found that his service-connected residuals of a punji stick wound to the right upper thigh do not warrant an increased rating.

The Board has determined that the veteran's right foot, ankle, and knee disorders are not service-connected. However, the veteran's follicular dermatitis and eczema have been rated at 10 percent since September 2000.

The veteran's combined service-connected disability rating is 70%, and he has overcome his employment handicap by securing and maintaining a job consistent with his abilities, aptitudes, and interests.

The Board has determined that the veteran's left ankle disability, currently rated at 30 percent disabling under DC 5262 (impairment of tibia and fibula), does not meet or approximate criteria for a higher evaluation based on additional limitation of motion, ankylosis, malunion, or astragalectomy. The evidence does not support findings of nonunion of the tibia/fibula or ankle ankylosis.

The Board denied the veteran's claims for increased evaluations of his right ankle and shoulder disabilities, finding that new and material evidence had not been submitted to reopen a claim for service connection for residuals of a back injury. The ratings assigned were 20% for the right ankle and 10% for the right shoulder.

The Board has determined that new and material evidence was presented to reopen the veteran's claim of entitlement to service connection for carpal tunnel syndrome (CTS) of the right wrist. The CTS is found to be proximately due to or the result of his service-connected postoperative residuals of an arthroplasty of the MCP joint of the right middle finger.

The Board has determined that the reduction in the veteran's VA disability compensation award was proper due to his incarceration following a felony conviction, and thus denied the claim.

The Board denied the veteran's claims for service connection for a psychiatric disability, including memory loss; left ankle disability; and headaches. The claim for increased rating for right ankle disability was also denied.

The Board found that the veteran's service-connected disabilities did not cause or contribute substantially to his death from asystole due to respiratory arrest. The appellant's claim for service connection for the cause of her husband's death was denied.

The veteran's claim for an increased evaluation of his service-connected left ankle fracture was denied. The RO continued the current 10 percent disability rating, despite the veteran reporting significant pain and functional limitations.

The Board has determined that the veteran's left olecranon fracture with retained foreign bodies, right distal fibula fracture with retained foreign bodies and limitation of ankle motion, and left fibula and femoral condyle fracture with arthritis disabilities are each rated at their highest possible schedular evaluations.

The veteran's claim for an increased rating in excess of 10 percent for a right ankle disability with foot pain and limitation of motion is denied due to his failure to report for scheduled VA examinations.

The Board denied the veteran's claims for service connection for various conditions, including hypertension, psychiatric disorders other than PTSD, bilateral knee and ankle disabilities, right ear disability, bilateral hip and shoulder disabilities. The evidence did not establish a link between these conditions and service.

The Board has granted service connection for the veteran's cervical spine osteophytes with radiculopathy and has assigned a 20% rating. The ratings for the right knee, left knee, hypertension, and low back condition are all in accordance with current regulations.