The veteran's service-connected right ankle disability has been evaluated at 20 percent disabling throughout the rating period on appeal. The Board found that his disability did not meet or approximate the criteria for a higher evaluation.
The deciding factor: The evidence does not demonstrate ankylosis, which is required for a higher evaluation under Diagnostic Code 5270. The veteran's disability picture still does not most nearly approximate the criteria for the next-higher 30 percent evaluation due to lack of ankylosis and other factors.
- Claimed conditions
- postoperative residuals of a right ankle fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 23, 2008
- Citation
- 0802381
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 0802381.
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.
- Remanded (sent back)
The Veteran's claim for an increased rating for his service-connected right ankle disability is remanded due to a lack of recent examination and the need for a current VA examination.
- Denied
The Board has determined that the veteran's claims for increased ratings for his left knee and right ankle disabilities are not supported by the evidence, resulting in a denial of both claims.
- Granted
The Board has granted a rating of 30 percent for postoperative residuals of a right ankle disorder, effective from January 1996. The issue remains in need of appellate review as the maximum schedular rating was assigned.
- Remanded (sent back)
The Board has remanded the case for further development due to recent legal changes and an attempt to locate the veteran's current address.
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