The Board has granted an increased evaluation to 40 percent for the veteran's service-connected residuals of a right ankle fracture, finding that this level adequately reflects his current disability.
The deciding factor: The veteran's severe limitation of motion and pain in his right ankle warranted a rating as if his ankle were severely ankylosed, which is commensurate with nonunion of the tibia and fibula requiring a brace.
- Claimed conditions
- Right ankle fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 17, 2002
- Citation
- 0214503
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. Look up the original decision on VA.gov (opens in a new tab) using citation 0214503.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 motion to revise a March 1975 rating decision that assigned an initial noncompensable disability rating for service-connected right ankle fracture, finding no CUE in the decision.
- Granted
The Veteran's acquired psychiatric disorder, left ankle disorder, and right ankle fracture are all granted service connection. The right ankle fracture is remanded for a higher disability rating.
- Granted
The Board has granted an initial 40 percent rating for the Veteran's right ankle disability, finding that his symptoms more nearly approximated ankylosis in dorsiflexion at more than 10 degrees during flare-ups and after repetitive use over time.
- Denied
The Veteran's request for an effective date before April 23, 2021, for service connection for right ankle stress fracture of the talus with right ankle sprain and right ankle fracture is denied. The June 1998 and July 2002 rating decisions are final, and there was no pending claim or unadjudicated claim under 38 C.F.R. § 3.160(c) or informal claim under 38 C.F.R. §§ 3.155, 3.156 regarding the right ankle disability between the July 2002 rating decision and April 23, 2021.
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