The veteran's service-connected residuals of a right ankle fracture and left fifth toe fracture do not warrant ratings in excess of 10 percent and non-compensable, respectively. Service connection was denied for hypertension, diabetes mellitus, bilateral hearing loss, degenerative joint disease of the right ankle, degenerative joint disease of the left third finger distal interphalangeal joint, lymphadenopathy, and a low back condition.
The deciding factor: The veteran's service-connected disabilities do not meet or approximate the criteria for higher ratings under applicable rating codes. Additionally, there is no evidence to support service connection for any of the claimed conditions.
- Claimed conditions
- Residuals of a right ankle fracture, Residuals of a left fifth toe fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 20, 2008
- Citation
- 0816523
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 granted service connection for radiculopathy of the left and right lower extremities, but denied increased ratings for COPD, chronic rhinitis, chronic sinusitis, lumbosacral strain, migraine with chronic headaches, and residuals of a right ankle fracture. The Veteran was granted TDIU from January 12, 2022.
- Granted
The Board granted service connection for residuals of a right ankle fracture, left knee degenerative arthritis, and degenerative spondylosis of the lumbar spine.
- Denied
The Board denied the Veteran's claim for a total disability rating due to individual unemployability resulting from service-connected disabilities prior to August 11, 2021.
- Denied
The Board denied service connection for residuals of a right shoulder dislocation, an ear canal infection, and a right ankle fracture. The veteran's claims for increased ratings for fractured right iliac crest and femur and right heel plantar spur were also denied.
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