Ankle Board decisions

The veteran is seeking service connection for a left below the knee amputation as secondary to his service-connected old fracture, left lower tibia and ankle mal-alignment and eversion of foot. He also seeks an increased evaluation for this disability. The Board has determined that further development is needed before these claims can be decided.

The Board has granted a 20 percent rating for the veteran's service-connected residuals, fracture of the left ankle. The veteran's service-connected residuals, fracture of the left femur are rated at 10 percent and not in need of an increased evaluation. The veteran's service-connected residuals, fracture of the left maxillar alveolus and residuals, fracture of the left mandibular alveolus do not warrant a compensable rating.

The veteran's cervical disc disease is rated at 10 percent from June 13, 2000, and at 20 percent from May 13, 2000. The right ankle disability does not meet the criteria for a higher evaluation. The right shoulder arthritis is rated at 10 percent from June 13, 1996, and at 20 percent from June 24, 2000.

The Board denied the veteran's claims for service connection and initial compensable ratings for his cervical spine disorder, bilateral compartment syndrome, recurrent knee strains, chronic ankle strain, and right ankle fracture. The appeals were based on direct service connection.

The Board has granted a 20 percent rating for the veteran's service-connected postoperative residuals of a left ankle fracture with traumatic arthritis, finding that his disability is manifested by malunion of the fibula with marked ankle disability.

The Board denied a claim for a disability rating in excess of 20 percent for residuals of a right ankle fracture, finding that the evidence did not show ankylosis and concluding that the veteran's current symptoms were attributable to other conditions.

The Board denied the veteran's claims for service connection for a left ankle disability and an initial rating in excess of 10 percent for sacroiliac strain. The RO must ensure all notification and development action required by VCAA is satisfied.

The Board has determined that the cause of the veteran's death was incurred in active service, specifically due to hypertension and congestive heart failure.

The Board has determined that the veteran's right ankle disability, currently rated at 10 percent, does not warrant a higher evaluation due to moderate limitation of motion. The current rating adequately reflects the veteran's functional impairment.

The VA denied the veteran's claim for a total rating based on individual unemployability due to service-connected disabilities, as his conditions do not render him unable to secure or follow a substantially gainful occupation.

The Board denied the veteran's request for an effective date prior to October 8, 1998 for a grant of improved disability pension benefits based on his permanent and total disability status due to injuries sustained in an industrial accident. The veteran was found not to have filed a claim within one year following his January 28, 1985 injury.

The Board denied the petition to reopen a claim for service connection for residuals of a right ankle fracture, finding that new and material evidence was not presented.

The Board has determined that the appellant's left ankle fracture and hypertension do not warrant higher ratings under the applicable rating criteria.

The Board has determined that the veteran's service-connected residuals of a gunshot wound to the left ankle meet the criteria for a 30 percent rating, which is granted.

The veteran's appeal is being remanded for additional development of her service connection claims, including obtaining missing service medical records and scheduling VA examinations. Her claim for a higher rating for hepatitis C will also be addressed.

The Board found that the reduction from a 20% to a 10% rating for residuals of a right ankle injury was not warranted, and thus denied the reduction. The veteran's condition did not show material improvement in his disability as compared to previous evaluations.

The VA denied the veteran's claim for payment or reimbursement of unauthorized medical expenses for private care rendered on May 24, 1999 due to lack of authorization and because the treatment was not in a medical emergency that would have been hazardous to life or health.

The Board has determined that the veteran does not have a current right ankle disorder that was incurred or aggravated by service. The RO must attempt to locate and obtain additional service personnel records which may substantiate the veteran's claimed in-service disciplinary action related to substance abuse, as well as arrange for VA examinations of the veteran's mental status and his knees.

The Board has recharacterized the issue on appeal as denial of service connection for an ankle disorder. The veteran's claims for gastrointestinal, cardiovascular, pulmonary, and skin rash of the feet disorders were previously denied in September 1994 and June 1995 respectively, with no new or material evidence submitted to reopen these claims.

The Board has determined that additional development is needed in order to properly adjudicate the veteran's claims, including obtaining medical opinions and records.