The Board found that the August 1980 rating decision denying service connection for residuals of a right ankle injury was not clearly and unmistakably erroneous. The evidence submitted since then is considered new and material, thus reopening the claim for service connection.
The deciding factor: The RO's August 1980 decision was based on the assumption that the inservice sprain resolved without permanent disability, which was supported by medical records indicating no current fracture or arthritis at the time of separation. The evidence submitted since then does not contradict these findings but provides additional opinions linking the dystonia to the inservice injury.
- Claimed conditions
- Right ankle injury, Dystonia of the right leg
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2002
- Citation
- 0215900
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 0215900.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for service connection for a right ankle disability was dismissed because his Notice of Disagreement (NOD) was not filed within the one-year deadline and he did not request an extension. The Board found that the NOD was untimely.
- Denied
The Board has denied the Veteran's claims for service connection for right and left ankle injuries, finding that there is no evidence of a nexus between the current conditions and military service.
- Denied
The Board has denied the Veteran's claims for service connection for a right ankle injury and bilateral hearing loss, finding that there is no credible evidence of in-service incurrence or aggravation of these conditions.
- Granted
The Board has determined that new and relevant evidence has been received to readjudicate the claim of service connection for right ankle injury, which was previously denied. The case is being remanded for further consideration by the AOJ.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.