The Board found that the veteran's right ankle disability does not warrant a higher rating, and her surgical scar to the right ankle is rated at 10 percent under Diagnostic Code 7804. The evidence did not show marked limitation of motion or deep scars.
The deciding factor: The VA examinations showed no objective limitation of motion for the right ankle, and the veteran's complaints were primarily related to pain and discomfort rather than functional loss due to instability or other factors.
- Claimed conditions
- Right ankle fracture, Surgical scar to the right ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 1, 2006
- Citation
- 0602768
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.
- Denied
The Board denied the claims for increased ratings on an extraschedular basis for residuals of a right ankle fracture and lumbosacral strain, finding that TDIU had rendered these issues moot.
- Granted
The Veteran's initial compensable rating for residuals of right ankle fracture was denied from February 16, 2011 to November 30, 2015. From November 30, 2015 to November 27, 2017, a disability rating of 10 percent but not higher for residuals of right ankle fracture was granted.
- Remanded (sent back)
The Board has ordered a remand due to the need for additional examination of the Veteran's right ankle disability. The issues include seeking an increased rating and service connection for a hip disability.
- Partly granted
The Veteran's claim of entitlement to service connection for right leg shortening was denied due to lack of new and material evidence. The claims for service connection for a right knee disorder, right ankle fracture, and headache disorder with neck pain were reopened. A 10% disability rating for the right ankle fracture is restored effective July 21, 2015. However, the claim for a compensable rating for the headache disorder was denied as the Veteran's headaches do not meet the criteria for a higher rating.
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