The Board has determined that the veteran's residuals of a fractured left ankle with non-union of the fibula and degenerative arthritis have been predominantly manifested by left ankle dorsiflexion to 0 degrees and plantar flexion to 40 degrees, slight swelling, pain on motion, pain on palpation, tenderness, some instability, weakness, and additional limitation of motion on repetitive use and with flare-ups. For the periods from August 8, 2001, to November 29, 2001, and commencing January 1, 2002, a 30 percent rating is granted.

The deciding factor: The veteran's left ankle disability was rated based on limitation of motion as per the provisions of Diagnostic Code 5271 under section 4.71a of the Rating Schedule.

Claimed conditions

{"condition_name":"Fractured left ankle with non-union of the fibula and degenerative arthritis"}

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

30%

Decision date

January 13, 2006

Citation

0601165