The veteran's right ankle disability, rated at 20% prior to surgery and thereafter, is not shown to warrant a higher rating based on the current evidence of record.
The deciding factor: The VA examinations conducted in December 2002, March 2006, and September 2006 did not show any additional limitation or functional impairment that would justify an increased rating beyond 20% under Diagnostic Code 5271 for marked limitation of motion.
- Claimed conditions
- right ankle traumatic arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 29, 2008
- Citation
- 0833232
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. Search VA.gov for the original decision (opens in a new tab) using citation 0833232.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded several issues for further evaluation, including right ankle traumatic arthritis, left foot fibromatosis, both right and left foot hypertrophic scars, migraine headaches, lumbosacral strain, and chronic cough.
- Whole decision: Denied
The Board denied all claims for increased ratings and earlier effective dates, except for the grant of an earlier effective date for total disability due to individual unemployability (TDIU) and eligibility for Dependents' Educational Assistance based on permanent and total disability status.
- Whole decision: Granted
The Board granted service connection for major depressive disorder, with anxious distress, diabetes mellitus, hypertension, left ankle traumatic arthritis, right ankle traumatic arthritis, left knee chondromalacia, right knee chondromalacia, and left foot pes cavus, resolving reasonable doubt in the Veteran's favor.
- Whole decision: Dismissed
The Board has dismissed the appeals as they were not processed under the modernized review system (AMA). The Veteran's claims for increased ratings of his left and right ankle conditions are still pending in the legacy appeal system.
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