The Veteran's service-connected right ankle strain was found to be at least as disabling as a 10 percent rating, but not more than that. For the period prior to April 23, 2008, he did not meet the criteria for a higher disability rating under Diagnostic Code 5271. For the period from April 23, 2008, his right ankle strain was found to have no additional limitation after repetitive use and thus does not warrant an increased rating.
The deciding factor: The February 2010 VA examination showed that the Veteran's range of motion in the right ankle did not meet the criteria for a higher disability rating under Diagnostic Code 5271, as his dorsiflexion was limited by only 10 degrees and plantar flexion was normal.
- Claimed conditions
- residuals of right ankle strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 2, 2010
- Citation
- 1033034
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 1033034.
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 claims for service connection and increased ratings for his ankle strain, left foot condition, and restless leg syndrome are being remanded due to the need for additional examinations and opinions.
- Whole decision: Granted
The Veteran's service-connected disabilities, especially residuals of lumbar strain, left and right knee chondromalacia, left and right ankle strains, and left and right foot plantar fasciitis with hallux valgus, preclude him from securing or following a substantially gainful occupation. The Board grants a TDIU.
- Whole decision: Denied
The Veteran's unauthorized medical expenses incurred on September 7, 2009 at Tallahassee Memorial Hospital are not eligible for reimbursement under VA regulations because the emergency treatment was not rendered in response to a medical emergency of such nature that delay would have been hazardous to his life or health.
- Whole decision: Granted
The Veteran's tinnitus, bilateral hearing loss disability, and residuals of right ankle strain have been granted. The tinnitus is service-connected as secondary to her service-connected hearing loss. The Veteran was awarded a noncompensable rating for her bilateral hearing loss disability and a 10% rating for her residuals of right ankle strain.
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