The Board found that the veteran's right ankle fracture was not proximately due to or caused by his service-connected residuals of back injury with incomplete right foot drop. The VA examiner concluded that the fall occurred when he stepped in a hole, and there was no underlying ankle or foot pathology causing his fall. For depressive disorder, the Board noted that while the veteran exhibited symptoms such as depressed mood, anxiety, and mild memory loss, these did not meet the criteria for total occupational and social impairment required for a 100% evaluation.
The deciding factor: The VA examiner's opinion was based on review of the full medical record and found no evidence supporting the claim that the right ankle fracture was caused by his service-connected back injury with incomplete foot drop. The Board also noted that while the veteran exhibited symptoms consistent with depressive disorder, these did not meet the criteria for a 100% evaluation.
- Claimed conditions
- residuals of right ankle fracture, depressive disorder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- June 21, 2004
- Citation
- 0416038
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 0416038.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted a disability rating of 50 percent for the Veteran's acquired psychiatric disorder, characterized as depressive disorder, effective May 1, 2017.
- Denied
The Board denied an increased rating for depressive disorder and remanded the claims for a higher rating for headache syndrome and TDIU.
- Remanded (sent back)
The Board remands the claim for further development, including verification of an in-service stressor and obtaining additional medical opinions.
- Partly granted
The Veteran is granted service connection for migraine headaches secondary to tinnitus, effective April 1, 2021. The claim for an earlier effective date for depressive disorder was denied.
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