The Board has granted service connection for the veteran's left ankle fracture and bronchial asthma, but denied an increased rating for the left ankle disability. The decision on the left ankle issue is mixed as it grants a higher initial rating, while the asthma claim results in a non-compensable evaluation.
The deciding factor: The Board found that the veteran's left ankle disability warranted a 10 percent rating based on moderate limitation of motion, but denied an increased rating. For his bronchial asthma, he was granted a 30 percent rating from June 15, 1999 to July 31, 2000 and from August 5, 2004, with non-compensable evaluations in between.
- Claimed conditions
- left ankle fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- August 29, 2008
- Citation
- 0829636
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 0829636.
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.
- Denied
The Veteran's left ankle fracture requiring the prescribed use of a CAM walker boot is not considered akin to immobilization by cast, and therefore, he does not meet the criteria for a temporary total rating under 38 C.F.R. § 4.30.
- Denied
The Board denied the Veteran's request for an effective date prior to October 25, 2018, for left ankle fracture status post open reduction and internal fixation (ORIF) with residual pain, edema, and leg length discrepancy.
- Dismissed
The appeal of whether new and material evidence has been presented to reopen a claim of service connection for a left ankle fracture is dismissed. The Board will consider the Veteran's claims for service connection for a brain tumor and heart disease related to in-service exposure to commercial herbicides, PCBs, and asbestos.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, with some issues being remanded.
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