The Veteran's left ankle and foot disabilities have been rated at 30 percent since July 1, 1998. The Board has determined that a higher rating is warranted based on the current severity of his service-connected disability.
The deciding factor: The December 2013 VA examination showed nonunion of the tibia and fibula requiring an ankle brace, which more nearly approximates the criteria for a 40 percent evaluation under Diagnostic Code 5262.
- Claimed conditions
- postoperative residuals of a trimalleolar fracture of the left ankle, repair of the deltoid ligament, secondary hallux valgus bunion pain with degenerative changes of the first metatarsophalangeal joint
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- June 9, 2014
- Citation
- 1426109
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 1426109.
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
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