The VA determined that the appellant's left ankle disability, which is currently rated at 20 percent under Diagnostic Code 5271 for limitation of motion, does not warrant a higher evaluation as there was no evidence of ankylosis or other conditions that would allow for a higher rating. The clinical evidence did not show distinct time periods where the service-connected disability exhibited symptoms warranting different ratings.
The deciding factor: The VA found that the appellant's left ankle disability, which is currently rated at 20 percent under Diagnostic Code 5271 for limitation of motion, does not meet the criteria for an evaluation in excess of 20 percent due to lack of evidence supporting higher evaluations based on other diagnostic codes or conditions such as ankylosis.
- Claimed conditions
- left ankle injury with degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 25, 2010
- Citation
- 1039820
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 1039820.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the cases for further action due to incomplete information regarding the qualifications of the VA examiners who conducted the ankle examinations. The TDIU claim is also being remanded as it is intertwined with the other issue.
- Denied
The Veteran's claim for SMC under 38 U.S.C. § 1114(k) for loss of use of one foot as a result of left ankle injury with degenerative joint disease was denied, and the Board found that he did not meet the criteria for this type of compensation. The claim for TDIU prior to October 5, 2017, is remanded for further review.
- Remanded (sent back)
The Veteran's appeal is being remanded for additional development, including securing treatment records and scheduling a VA examination. The Veteran also requested a Travel Board hearing.
- Dismissed
The Board dismissed the appeal because an adequate substantive appeal was not filed.
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