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
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
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