The Board has determined that the current 40 percent rating for postoperative fracture of the right ankle, with right calf atrophy and degenerative changes, is appropriate as it reflects the highest schedular evaluation available under any diagnostic code or applicable regulation.
The deciding factor: The appellant's service-connected right ankle disability is characterized as postoperative fracture of the right ankle, with right calf atrophy and degenerative changes. The current 40 percent rating is based on ankylosis of the ankle in plantar flexion less than 30 degrees, which corresponds to a 20 percent evaluation under Diagnostic Code 5270.
- Claimed conditions
- postoperative fracture of the right ankle, right calf atrophy, degenerative changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 24, 2006
- Citation
- 0608650
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.
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- Remanded (sent back)
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- Granted
The Veteran's service-connected patellofemoral pain syndrome and degenerative changes in the left knee are granted. Ratings of 20 percent for lumbar degenerative changes with narrowing of L5-S1, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity are also granted.
- Granted
The Board has granted the Veteran's claim for service connection for a cervical spine condition, finding that it began during active service and is related to an in-service injury.
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