The Veteran's service-connected fracture of the left talus with pes planus and arthritis is not manifested by ankylosis, which would warrant a higher disability rating. The current 30 percent rating remains appropriate.
The deciding factor: The evidence does not show that the Veteran's ankle disability approximates ankylosis (fixed joint position) as required for a higher rating under Diagnostic Code 5270.
- Claimed conditions
- Fracture of the left talus, Pes planus, Arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- October 23, 2009
- Citation
- 0940397
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 0940397.
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.
- Denied
The Board denied the appellant's claim for an increased rating for pes planus of the left foot as he failed to report for a necessary VA examination without good cause.
- Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error in previous examinations, requiring additional information on right shoulder ROM measurements without medication effects.
- Denied
The Board found no evidence of a current bilateral foot pain disorder related to service and denied the claim.
- Granted
The Veteran's disability ratings for low back disability and right lower extremity radiculopathy have been reduced from 40% and 10%, respectively, to 20% and 0%. The reduction was based on improvements shown in recent VA examinations.
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