The Veteran's claims for increased ratings and a TDIU were denied. The Board found that the Veteran did not meet the criteria for higher ratings for his service-connected left ankle fracture or chronic dorsolumbar strain, except for a temporary increase in rating from April 17, 2003 to July 19, 2006.
The deciding factor: The VA examiner did not provide sufficient information regarding functional loss due to pain during flare-ups and repetitive use of the ankle joint.
- Claimed conditions
- chronic dorsolumbar strain, status post fracture of the left ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 9, 2009
- Citation
- 0938714
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. Search VA.gov for the original decision (opens in a new tab) using citation 0938714.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Veteran's claim for a higher rating for his left ankle disability was denied. He was initially granted a 10 percent rating from May 8, 2017 to December 21, 2018 and then denied any further increase in rating.
- Whole decision: Denied
The Veteran's service-connected disabilities prevented him from securing and following substantially gainful employment prior to May 25, 2010.
- Whole decision: Granted
The Veteran's appeal for a higher rating for his service-connected chronic dorsolumbar strain was denied, but he is now receiving a TDIU effective April 17, 2003. The case has been remanded to determine the appropriate effective date for the TDIU.
- Whole decision: Denied
The Board denied an increased rating for the appellant's service-connected left ankle fracture, finding that her current disability does not warrant a higher than 10 percent evaluation.
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