The Board denied the veteran's claims for higher initial ratings for residuals of right and left ankle injuries, finding that moderate limitation of motion was shown but not marked limitation.
The deciding factor: The evidence did not support a rating in excess of 10 percent as there was no more than moderate limitation of ankle motion, with no additional functional loss due to pain or other factors.
- Claimed conditions
- Residuals of right ankle injury, Residuals of left ankle injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2009
- Citation
- 0901864
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 Board remands the case for further development, including adjudicating secondary service connection claims and obtaining a new VA examination.
- Remanded (sent back)
The Board remanded the veteran's appeal for an increased rating of a right ankle injury because the veteran was not afforded a hearing before a Veterans Law Judge at the Regional Office despite repeatedly requesting one. The veteran is entitled to a hearing and opportunity to submit additional evidence and argument before the merits are decided.
- Denied
The Board denied an evaluation in excess of 20 percent for service-connected right ankle disability based on the current level of symptomatology.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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