The Board denied the Veteran's claims for an increased rating for residuals of a left ankle fracture with posttraumatic arthritis, TDIU, and service connection for a left knee disability on direct basis. The Board found that there was no competent evidence showing marked interference with employment due to his left ankle disorder alone.
The deciding factor: The Veteran failed to report for VA examinations scheduled in conjunction with his claims, which resulted in the case being remanded back to the RO based on the lack of evidence and substantial compliance with the Board's directives. The RO then denied the claims as there was no competent evidence showing marked interference with employment due to his left ankle disorder alone.
- Claimed conditions
- left ankle fracture, posttraumatic arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 23, 2013
- Citation
- 1327104
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 1327104.
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.
- Denied
The Veteran's left ankle fracture requiring the prescribed use of a CAM walker boot is not considered akin to immobilization by cast, and therefore, he does not meet the criteria for a temporary total rating under 38 C.F.R. § 4.30.
- Remanded (sent back)
The Board has dismissed the appeal for the issue of entitlement to an initial compensable evaluation for service-connected scars, s/p metacarpal fracture due to the Veteran's withdrawal. The claim of entitlement to an initial evaluation in excess of 10 percent for service-connected post traumatic arthritis, s/p metacarpal fracture is remanded as there are issues with the adequacy of a previous VA examination.
- Denied
The Board denied the Veteran's request for an effective date prior to October 25, 2018, for left ankle fracture status post open reduction and internal fixation (ORIF) with residual pain, edema, and leg length discrepancy.
- Dismissed
The appeal of whether new and material evidence has been presented to reopen a claim of service connection for a left ankle fracture is dismissed. The Board will consider the Veteran's claims for service connection for a brain tumor and heart disease related to in-service exposure to commercial herbicides, PCBs, and asbestos.
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