The Veteran's left leg fracture with a healed tibia fracture does not warrant a higher rating due to lack of nonunion requiring a brace. The current 30% rating remains appropriate.,For the period prior to March 30, 2009, the Veteran's left ankle disability was rated as 10%. Since that date, it has been rated at 20%, reflecting marked limitation of motion and pain on use.,The Veteran's GERD is currently rated as 10% disabling. The current rating remains appropriate given his symptoms.
The deciding factor: Nonunion of the tibia or fibula was not shown, so a higher rating under DC 5262 is not warranted.,For the period prior to March 30, 2009, the Veteran's ankle disability met criteria for a 10% rating. Since that date, it has been rated at 20%, reflecting marked limitation of motion and pain on use.,The Veteran's GERD symptoms have included persistent esophageal distress with substernal arm or shoulder pain, pyrosis (heartburn), difficulty swallowing, and substernal pain. These meet the criteria for a 30% rating.
- Claimed conditions
- Left Leg Fracture, Left Ankle Disability, Gastroesophageal Reflux Disorder (GERD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 8, 2014
- Citation
- 1444727
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 1444727.
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.
- Granted
The Board has granted service connection for right and left ankle disabilities, as well as denied service connection for bilateral hearing loss. The Veteran's claims for other conditions are remanded due to a pre-decisional duty to assist error.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for service connection for left ankle and right shoulder disabilities due to inadequate VA examination opinions. The claims will be reviewed again with new medical opinions.
- Granted
The Veteran's service-connected disabilities, including Loss of Use of Both Feet with Sciatic and Femoral Nerve Diabetic Peripheral Neuropathy, have resulted in the permanent loss of use of both feet. The Board has determined that this meets the criteria for financial assistance in purchasing an automobile and adaptive equipment.
- Remanded (sent back)
The Veteran's service connection claims for erectile dysfunction and voiding dysfunction have been denied due to the lack of evidence linking these conditions to his in-service exposure.,The remaining service connection claims (for bilateral feet, ankles, hip, wrist, cervical spine, upper extremity radiculopathy, psychiatric disorder, GERD, sleep apnea, and hypertension) are remanded for further development.
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