The Veteran's right ankle disability does not meet the criteria for a rating in excess of 10 percent, and he is not entitled to TDIU based on his service-connected disabilities.
The deciding factor: The evidence did not show marked limitation of motion or other factors that would warrant a higher rating under applicable diagnostic codes. Additionally, the Veteran's service-connected disabilities do not preclude more than marginal employment.
- Claimed conditions
- Residuals of a right ankle injury, Neuropathy of the ulnar nerve, right hand, Residuals of a fracture, right wrist, Essential hypertension, Peptic ulcer disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- March 5, 2009
- Citation
- 0908233
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 matter to obtain additional private treatment records and a VA examination to determine if the Veteran's service-connected PTSD caused or aggravated his death.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss, chronic kidney disease, cell bladder carcinoma, hypertension, and various musculoskeletal issues, as the evidence did not support a finding that any of these conditions were incurred or aggravated during active duty for training.
- Dismissed
The appeal has been withdrawn by the Veteran and is dismissed.
- Partly granted
The Board granted service connection for peptic ulcer disease, tinnitus, and GERD as secondary to the peptic ulcer disease. The claims for anemia and left knee strain were remanded.
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