The Veteran's right ankle disability is rated at 20 percent, which is the maximum schedular rating available. The claim for a higher rating was denied. The issue of reopening his back disorder claim has been addressed and new evidence received since January 2003 does not meet the criteria to reopen the claim. His service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.
The deciding factor: The Veteran's right ankle disability is rated at 20 percent, which represents the maximum schedular rating available for limitation of motion with marked limitation of dorsiflexion and plantar flexion. The claim for an increased rating was denied as there is no provision in the rating criteria for a higher evaluation than 20 percent. Regarding his back disorder, new evidence received since January 2003 does not meet the criteria to reopen the claim because it is not cumulative or redundant of previous evidence and is insufficient to raise a reasonable possibility of substantiating the claim.
- Claimed conditions
- right ankle disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- August 14, 2009
- Citation
- 0930513
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 0930513.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the Veteran's claims for left, right ankle disabilities, left and right hip disabilities, left and right shin splints, and left and right knee disabilities due to inadequate nexus opinions in the VA examination reports. The Veteran contends that her current disabilities are related to injuries sustained during basic training.
- Remanded (sent back)
The Board has remanded the claims for service connection due to new evidence received, and a need for additional medical opinions considering the Veteran's military occupation as a water safety survival instructor.
- Dismissed
The Veteran's appeals for effective dates and initial ratings have been dismissed due to the withdrawal of his appeal by his representative.
- Dismissed
The appeal of depression, anxiety, and distress is dismissed as the Veteran's PTSD encompassing these symptoms was granted. The respiratory disability (asthma) claim is granted. Tinnitus and lumbar spine and ankle disabilities are also granted. Bilateral hearing loss remains denied.
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