The Board has determined that the veteran's right ankle disability, currently rated at 20 percent, does not warrant a higher rating based on additional functional loss due to pain or other symptoms. The current rating is considered appropriate given the evidence of limited range of motion and degenerative joint disease.
The deciding factor: The veteran's right ankle disability has been evaluated under Diagnostic Code 5271 for decreased range of motion, which allows for a maximum 20 percent disability rating. Given that he is already receiving this highest schedular rating based on his current symptoms, further consideration of DeLuca factors is not warranted.
- Claimed conditions
- right ankle fracture residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- February 28, 2008
- Citation
- 0806746
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 0806746.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on housebound status as he does not have a single disability rated at 100% and his disabilities are not so severe that they render him substantially confined to his residence.
- Granted
The Board granted service connection and increased ratings for multiple conditions, including thoracolumbar spine spondylosis with disc herniation, right ankle fracture residuals, right shoulder impingement syndrome, left ankle strain, left shoulder bicipital tendon tear, rotator cuff tear with arthritis status post-surgery and chronic post-procedural pain, left lower extremity radiculopathy, and right lower extremity radiculopathy.
- Denied
The Veteran's application for Legacy S-DVI insurance was denied because it was not received within two years of the most recent grant of service connection, which occurred in October 2018. The Veteran did not meet the eligibility criteria as per 38 U.S.C. § 1922(a).
- Denied
The Veteran's service-connected disabilities do not result in loss or loss of use of a hand or foot, permanent vision impairment of both eyes, severe burn injury, amyotrophic lateral sclerosis, or ankylosis of a knee or hip. Therefore, the Veteran is not eligible for financial assistance for an automobile and adaptive equipment.
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