The Veteran's right ankle disability does not meet the criteria for a higher evaluation as it does not result in X-ray evidence of involvement of two or more major joints or two or more minor joint groups, with occasional incapacitating episodes; nor does it result in marked limitation of motion. The current 10 percent rating is appropriate based on moderate limitation of motion.
The deciding factor: The Veteran's right ankle disability does not meet the criteria for a higher evaluation as it does not result in X-ray evidence of involvement of two or more major joints or two or more minor joint groups, with occasional incapacitating episodes; nor does it result in marked limitation of motion. The current 10 percent rating is appropriate based on moderate limitation of motion.
- Claimed conditions
- Degenerative changes of the right ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 26, 2010
- Citation
- 1003730
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. Read the original VA decision (opens in a new tab) using citation 1003730.
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: Remanded (sent back)
The Veteran's right and left ankle disabilities have been rated at the maximum schedular evaluation of 20 percent each, based on marked limitation of motion. The Board found no evidence of ankylosis or other conditions that would warrant higher ratings.,The Veteran's left hamstring tear has not yet had a rating assigned due to lack of definitive information regarding abduction loss beyond 10 degrees. The case is being remanded for further examination and evaluation.
- Whole decision: Remanded (sent back)
The Board has remanded the right ankle and TDIU claims for additional development. The Veteran's request to pursue appeal of the lumbar spine and bilateral lower extremity radiculopathy claims is not considered as those issues are not before the Board.
- Whole decision: Remanded (sent back)
The Veteran's appeal is being remanded for a new VA examination to assess the severity of his service-connected right ankle disability, as well as obtaining additional medical records.
- Whole decision: Granted
The Veteran's radiculopathy of the left lower extremity is rated at 20 percent, effective July 28, 2009. The Board finds that a higher rating for his service-connected radiculopathy of the left lower extremity is warranted.
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