The Board has determined that the veteran is not entitled to a temporary total rating for his right ankle disability beyond February 4, 1998 and denied entitlement to an evaluation in excess of 20 percent disabling for post-operative residuals of right ankle fusion.
The deciding factor: The evidence does not demonstrate continued severe post-operative residuals or need for convalescence as required by the criteria for a temporary total rating under 38 C.F.R. § 4.30, and the veteran's current functional status is consistent with a 20 percent evaluation.
- Claimed conditions
- Right Ankle Fusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- March 15, 2000
- Citation
- 0006989
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Search VA.gov for the original decision (opens in a new tab) using citation 0006989.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the veteran's attempt to reopen his claim for service connection for right ankle fusion, status post poliomyelitis due to lack of new and material evidence.
- Granted
The veteran's right ankle disability, which is currently rated as 20 percent disabling, has been found to be productive of symptomatology most nearly approximating malunion of the tibia and fibula with marked ankle disability. The Board has therefore granted a rating of 30 percent for this condition.
- Denied
The Board has determined that the veteran's posterior tibial nerve palsy with right ankle fusion is currently rated at 40 percent, which is the highest level of disability for ankylosis of the ankle. The appeal is denied as there is no evidence to support a higher rating.
- Denied
The Board has determined that the veteran's right ankle disability, which includes fusion and traumatic arthritis, warrants a maximum schedular evaluation of 40 percent. No higher rating is available under applicable diagnostic codes.
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