The claim for entitlement to a rating in excess of 10 percent for residuals of a left ankle fracture was denied as the veteran failed to report for a scheduled VA examination without good cause.
The deciding factor: The veteran's failure to report for a scheduled VA examination without providing good cause led to the denial of his increased rating claim.
- Claimed conditions
- residuals of a left ankle fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2009
- Citation
- 0903036
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.
- Granted
The Board granted a rating of 20 percent for the Veteran's residuals of a left ankle fracture, resolving reasonable doubt in favor of the Veteran.
- Denied
The Veteran's claim for an initial compensable rating prior to September 15, 2008 for residuals of a left ankle fracture was denied. The highest disability rating available under the applicable VA Rating Schedule is 10 percent.
- Granted
The Veteran's combined disability rating was properly calculated using the Combined Ratings Table, resulting in a 90 percent rating as of May 14, 2002. The earlier effective date for TDIU was granted.
- Denied
The Board denied service connection for bilateral pes planus and denied initial disability ratings in excess of 10 percent for degenerative arthritis of L5, S1 with mild retrolisthesis, as well as noncompensable ratings for shin splints of the right and left legs, residuals of a left ankle fracture, and bilateral plantar fasciitis.
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