The Veteran's right ankle disability is productive of marked impairment, and a higher rating in excess of 20 percent is not warranted.
The deciding factor: The evidence does not show ankylosis or other criteria for a higher rating under DC 5271, and the Veteran's symptoms are already compensated by the current 20 percent rating.
- Claimed conditions
- status post fracture medial malleolus, right ankle, status post open reduction and internal fixation with post traumatic arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- March 12, 2009
- Citation
- 0909168
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 service connection for left hip osteoarthritis and right hip osteoarthritis as secondary to the Veteran's now service-connected knee disabilities, but denied service connection for a variety of other conditions including bilateral ankle, shoulder, foot, mood disorder, tinnitus, hyperlipidemia, and knees.
- Remanded (sent back)
The Board remands the claims for service connection for bilateral foot and ankle conditions to correct a duty to assist error, requiring medical opinions on their relationship to the Veteran's service.
- Remanded (sent back)
The Board remands the claim for service connection for a right ankle disability to obtain an addendum opinion.
- Remanded (sent back)
The Board remands the veteran's claims for service connection for left ankle, left knee, low back, right ankle, and right knee disabilities secondary to bilateral pes planus due to a need for additional medical opinions.
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