The Veteran's claims for a higher rating for his left ankle disability and service connection for cervical spine, lumbosacral spine, and right ankle disabilities were denied as the evidence did not support an increase in severity or a finding of service connection.
The deciding factor: The Veteran's left ankle has been manifested by no more than moderate limitation of motion since July 26, 2004. The cervical and lumbosacral spine conditions are not related to his service or any incident therein, nor proximately due to a service-connected disability.
- Claimed conditions
- Degenerative joint disease, cervical spine, Degenerative joint disease, lumbosacral spine, Right ankle disorder, Residuals, fracture of the left ankle with limitation of dorsiflexion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 27, 2009
- Citation
- 0907382
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.
- Partly granted
The Board granted a 20 percent rating for the Veteran's left knee strain, service connection for right ear hearing loss, and service connection for a right ankle disorder. Other claims were denied or remanded.
- Denied
The Board denied service connection for multiple conditions, including cervical spine, chronic fatigue, and various nerve damages, as the evidence did not support a finding of a current disability related to in-service events.
- Denied
The Board denied the veteran's claims for a compensable rating for bilateral hearing loss, service connection for an acquired psychiatric disorder, and service connection for right knee and right ankle disorders.
- Remanded (sent back)
The Board is remanding the claims for service connection due to a regulatory duty to assist error.
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