The veteran's muscle herniation of the right anterior lower leg is rated at 10 percent, and his scars on the right calf are not compensable. The effective date for service connection of his degenerative changes of the right ankle remains July 17, 2003.
The deciding factor: The veteran's muscle herniation disability meets the criteria for a 10% rating under Diagnostic Code 5399-5262 due to its functional impairment and associated pain. The scars are not compensable as they do not meet the criteria for any specific rating in the VA Rating Schedule.
- Claimed conditions
- Muscle herniation of the right anterior lower leg, Degenerative changes of the right ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- September 3, 2008
- Citation
- 0829761
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 0829761.
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.
- Remanded (sent back)
The Veteran's right and left ankle disabilities have been rated at the maximum schedular evaluation of 20 percent each, based on marked limitation of motion. The Board found no evidence of ankylosis or other conditions that would warrant higher ratings.,The Veteran's left hamstring tear has not yet had a rating assigned due to lack of definitive information regarding abduction loss beyond 10 degrees. The case is being remanded for further examination and evaluation.
- Remanded (sent back)
The Board has remanded the right ankle and TDIU claims for additional development. The Veteran's request to pursue appeal of the lumbar spine and bilateral lower extremity radiculopathy claims is not considered as those issues are not before the Board.
- Remanded (sent back)
The Veteran's appeal is being remanded for a new VA examination to assess the severity of his service-connected right ankle disability, as well as obtaining additional medical records.
- Granted
The Veteran's radiculopathy of the left lower extremity is rated at 20 percent, effective July 28, 2009. The Board finds that a higher rating for his service-connected radiculopathy of the left lower extremity is warranted.
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