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 assigned
- 10%
- 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. Look up the original decision on VA.gov (opens in a new tab) using citation 1033034.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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.
- 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.
- 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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