The Veteran's right ankle disability is currently rated at 20 percent, but a higher rating of 40 percent is granted effective October 29, 2008 due to fusion surgery. The Veteran's right wrist disability remains at 10 percent. The initial evaluation for the right toe bunionectomy and exostosis removal is also granted.
The deciding factor: The VA examinations showed marked limitation of motion in the ankle prior to October 29, 2008, which warranted a 20% rating under Diagnostic Code 5271. Post-surgery, the ankle was fused at 0 degrees dorsiflexion, meeting criteria for a 40% evaluation under Diagnostic Code 5270. The right wrist disability had limited motion but no ankylosis, warranting a 10% rating.
- Claimed conditions
- status post avulsion fracture, right ankle with degenerative changes, residuals of a right wrist fracture with degenerative changes, right toe bunionectomy and exostosis removal
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 14, 2009
- Citation
- 0930473
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0930473.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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