The Board found that new and material evidence had been submitted to reopen the claim for service connection for residuals of a left ankle fracture, but ultimately denied service connection.
The deciding factor: The only competent opinion on the question of a medical relationship between the veteran's current left ankle disability and service tended to weigh against the claim, as there was no indication of a left ankle fracture in service and no evidence of a current disability at that time.
- Claimed conditions
- residuals of a left ankle fracture
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 28, 2008
- Citation
- 0813932
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted a rating of 20 percent for the Veteran's residuals of a left ankle fracture, resolving reasonable doubt in favor of the Veteran.
- Denied
The Veteran's claim for an initial compensable rating prior to September 15, 2008 for residuals of a left ankle fracture was denied. The highest disability rating available under the applicable VA Rating Schedule is 10 percent.
- Granted
The Veteran's combined disability rating was properly calculated using the Combined Ratings Table, resulting in a 90 percent rating as of May 14, 2002. The earlier effective date for TDIU was granted.
- Denied
The Board denied service connection for bilateral pes planus and denied initial disability ratings in excess of 10 percent for degenerative arthritis of L5, S1 with mild retrolisthesis, as well as noncompensable ratings for shin splints of the right and left legs, residuals of a left ankle fracture, and bilateral plantar fasciitis.
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