The Board denied the veteran's claim for a rating in excess of 10 percent for degenerative arthritis status post fracture of the left ankle, finding that his disability did not warrant a higher evaluation based on moderate limitation of motion. The issue of entitlement to compensation under the provisions of title 38, United States Code, Section 1151 for a left hip disability was addressed in the REMAND portion and is still pending.
The deciding factor: The veteran's left ankle disability did not meet the criteria for a higher rating based on limitation of motion as his range of motion was nearly full without pain or instability.
- Claimed conditions
- degenerative arthritis status post fracture of the left ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- February 24, 2006
- Citation
- 0605439
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
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