The Board found that the veteran's right ankle disability does not meet or approximate the criteria for a rating greater than 30 percent, as she does not have ankylosis of the ankle joints and no actual loss of use of the foot. The current 30 percent rating under Diagnostic Code 5284 is therefore denied.
The deciding factor: The veteran's right ankle disability did not meet the criteria for a higher rating based on limitation of motion or ankylosis, as she does not have ankylosis and her range of motion was limited by pain but not to the extent that it would warrant a loss of use of the foot.
- Claimed conditions
- Right ankle disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- December 23, 2008
- Citation
- 0844398
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 0844398.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for an earlier effective date of January 10, 1997, for a 10% disability rating for his right ankle disability is denied as there was no CUE in the previous decisions.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding whether the Veteran's right ankle disability is related to his service. The VA examiner must provide an opinion on this matter.
- Remanded (sent back)
The Board has dismissed the appeals to reduce disability ratings for bilateral hearing loss and right ankle disabilities. The case is REMANDED for a VA examination regarding the service connection claim for an acquired psychiatric disorder, including PTSD.
- Granted
The Veteran's right ankle disability is granted a 20 percent rating, but no higher. The claim for a compensable rating for Pseudofolliculitis barbae (PFB) is denied.
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