The Board found that the veteran's left ankle was not fused at 90 degrees prior to June 1, 1997. As of June 1, 1997, the veteran's left ankle is fixed at 90 degrees and warrants a 30 percent evaluation.
The deciding factor: The Board determined that the veteran's left ankle was not fused at 90 degrees prior to June 1, 1997, but became so after that date, warranting a 30 percent evaluation under Diagnostic Code 5270 for fixed ankle fusion.
- Claimed conditions
- left ankle fracture, traumatic arthritis, postoperative residuals of left ankle arthroplasty with removal of osseous fragments times two and ankle fusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- March 11, 2004
- Citation
- 0406388
Veterans Law Judge
Decisions by this judge: 332 · Granted: 14% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0406388.
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 Veteran's left ankle fracture requiring the prescribed use of a CAM walker boot is not considered akin to immobilization by cast, and therefore, he does not meet the criteria for a temporary total rating under 38 C.F.R. § 4.30.
- Dismissed
The Veteran withdrew his appeal for a higher rating for service-connected right ankle with traumatic arthritis (claimed as right ankle instability). The Board dismissed the appeal.
- Denied
The Board denied the Veteran's request for an effective date prior to October 25, 2018, for left ankle fracture status post open reduction and internal fixation (ORIF) with residual pain, edema, and leg length discrepancy.
- Dismissed
The appeal of whether new and material evidence has been presented to reopen a claim of service connection for a left ankle fracture is dismissed. The Board will consider the Veteran's claims for service connection for a brain tumor and heart disease related to in-service exposure to commercial herbicides, PCBs, and asbestos.
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