The Board denied a rating higher than 10 percent for residuals of a left ankle injury, as the veteran's symptoms did not equate to or more nearly approximate marked limitation of motion.
The deciding factor: The veteran had at least 90% of full dorsiflexion and 50% of full plantar flexion with pain, but without additional functional loss due to repetitive motion, weakness, fatigue, lack of endurance, gross incoordination, or excessive or awkward motion, which did not equate to marked limitation of motion under Diagnostic Code 5271.
- Claimed conditions
- Residuals of a left ankle injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 26, 2008
- Citation
- 0810052
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.
- Partly granted
The Board denied ratings in excess of the current assigned ratings for the Veteran's left and right ankle injuries, chronic kidney disease, and patellofemoral pain syndrome of the right knee. However, a 10 percent rating was granted for hypertension.
- Denied
The Board denied the veteran's claims for increased ratings for various service-connected conditions, including painful scars and radiculopathy.
- Remanded (sent back)
The Board remands the issue of compensation under 38 U.S.C. § 1151 for residuals of a left ankle injury as a result of treatment at a Department of Veterans Affairs medical facility between November 2007 and December 2008.
- Partly granted
The Board denied the Veteran's claim for an earlier effective date and granted a 50% rating for PTSD, effective from November 2, 2006.
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