The Board denied a rating in excess of 40 percent for ankylosis of the right ankle, finding that the evidence did not show frequent hospitalization or marked interference with employment.
The deciding factor: The veteran's impairment was accounted for by the current 40 percent rating assigned for his ankle disability and other non-service-connected disabilities such as COPD and degenerative disc disease in the back.
- Claimed conditions
- ankylosis of the right ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 20, 2008
- Citation
- 0840076
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 0840076.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted special monthly compensation (SMC) for loss of use of the right foot and ankle, finding that no effective function remains other than what would be equally well served by amputation below the knee with a suitable prosthetic appliance. The decision is based on evidence from VA treating podiatrists who assessed the severity of the Veteran's service-connected disabilities.
- Remanded (sent back)
The Veteran's appeal is remanded due to outstanding records and the need for further development, including obtaining SSA records and private treatment records.
- Dismissed
The Board dismissed the Veteran's appeals for service connection and increased ratings on several conditions, including a foot disorder, lumbar disc disease, right ankle condition, right shoulder acromioclavicular separation with impingement syndrome, left lower shin disability, and headaches. The appeal was withdrawn by the Veteran.
- Remanded (sent back)
The Board has remanded the case due to failure to comply with its March 2016 remand directive and provide an adequate VA examination. The Veteran's TDIU claim is being referred for extraschedular consideration prior to July 22, 2014.
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