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.
The deciding factor: The evidence showed that the veteran's right ankle was held in a neutral position, which did not meet the criteria for a 40 percent evaluation under Diagnostic Code 5270 due to ankylosis. However, it met the criteria for a 30 percent rating based on malunion of the tibia and fibula with marked knee or ankle disability.
- Claimed conditions
- Right Ankle Fusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- June 25, 2001
- Citation
- 0117011
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 0117011.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
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.
- 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.
- Denied
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.
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