The veteran's service-connected right and left ankle disabilities are not manifested by ankylosis or nonunion of the tibia or fibula, and therefore, higher ratings under the applicable diagnostic codes are not warranted.
The deciding factor: There is no evidence showing that either ankle joint was found to be ankylosed or that there was nonunion of the tibia or fibula with loose motion of those bones. The veteran's symptoms do not meet the criteria for a higher rating under Diagnostic Codes 5262 and 5270.
- Claimed conditions
- chronic right ankle sprain with anterior/posterior instability, left ankle instability status post lateral ligamentous reconstruction
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2009
- Citation
- 0900166
Veterans Law Judge
Decisions by this judge: 952 · Granted: 17% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0900166.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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 claims for higher evaluations for his ankle disabilities are being remanded to allow for additional development, including obtaining VA medical records and a VA examination.
- Remanded (sent back)
The Veteran's right shoulder disability and migraines/chronic headaches are remanded for additional development due to insufficient opinions on the etiology of her conditions.
- Granted
The Board has determined that the Veteran's lumbar spine arthritis is aggravated by his service-connected bilateral knee disabilities, and thus grants service connection for this condition.
- Granted
The Veteran's PTSD is granted as service connected due to his fear of hostile military activity during his Vietnam service.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.