The Veteran's right ankle disability, which was previously rated at 20 percent prior to August 17, 2012, and is now rated at 30 percent since that date, has been found to meet the criteria for a higher rating based on marked limitation of motion. The ankylosis of the subastralgar or tarsal joint in good weight-bearing position warrants a maximum 20 percent disability rating.
The deciding factor: The August 2012 VA examination confirmed the presence of ankylosis of the ankle, specifically in the subtalar or tarsal joint, which is rated at 20 percent under DC 5272. The Veteran's right ankle disability has been manifested by marked limitation of motion since August 17, 2012.
- Claimed conditions
- fracture, degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- August 22, 2013
- Citation
- 1326809
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 1326809.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for an evaluation in excess of 40 percent for his lumbar spine disability has been denied. The Board found that the evidence did not meet the criteria for a higher rating, as there was no unfavorable ankylosis or incapacitating episodes of IVDS.
- Denied
The Board denied an increased rating for the Veteran's lumbar spine disability, finding that there was no evidence of unfavorable ankylosis and thus not warranting a higher rating.
- Dismissed
The Veteran's appeal for an extension of a temporary total evaluation based on the need for convalescence due to his service-connected left great toe hallux valgus and degenerative joint disease has been dismissed because this issue was already decided by the Board in January 2026.
- Remanded (sent back)
The Board has remanded the case due to an error in providing notice of a pre-decisional hearing, and the Veteran is entitled to such a hearing before the AOJ.
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