The Board denied the claim of clear and unmistakable error in the July 14, 1950 rating decision that granted service connection for a right ankle sprain with a noncompensable evaluation.
The deciding factor: There was no CUE as the evidence at the time supported the RO's determination that the Veteran's right ankle injury warranted a noncompensable evaluation.
- Claimed conditions
- Osteoarthritis of the right ankle, Old fracture to the right ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2009
- Citation
- 0943017
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 0943017.
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.
- Granted
The Veteran's claim for service connection for osteoarthritis of the right ankle was granted with an initial evaluation of 10 percent effective September 17, 2018. The Board has now granted a higher rating but is remanding to determine if an even higher rating is warranted.
- Granted
The Board has granted an initial 40 percent rating for the Veteran's right ankle disability, finding that his symptoms more nearly approximated ankylosis in dorsiflexion at more than 10 degrees during flare-ups and after repetitive use over time.
- Denied
The Veteran's right wrist carpal tunnel syndrome and left wrist carpal tunnel syndrome are currently rated at 30 percent and 20 percent, respectively. The Board denied the claims for higher ratings as the evidence did not meet the criteria for a higher rating under DC 8515.,The Veteran's osteoarthritis of the right ankle and left ankle are both currently rated at 10 percent. The Board denied the claims for higher ratings as there is no evidence that meets the criteria for a higher rating under Diagnostic Codes 5003-5271.
- Remanded (sent back)
The Board remands the claims for additional development, including obtaining a new VA examination to address the inadequacies of previous examinations and obtain any relevant private treatment records.
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