The veteran's service-connected residuals of a fracture to the right lateral malleolus do not warrant a rating in excess of 10 percent.
The deciding factor: The evidence does not show marked limitation of ankle motion, and there is no ankylosis or other condition that would support a higher rating under applicable criteria.
- Claimed conditions
- Residuals of a fracture to the right lateral malleolus, Traumatic arthritis, status post left knee medial collateral ligament with crepitation and painful motion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 27, 2009
- Citation
- 0902711
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.
- Denied
The Veteran's claims for increased ratings were denied, and the appeal is remanded for further action.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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.