The Veteran's claims for increased ratings and service connection are denied.,The reduction in the evaluation for residuals of an avulsion fracture of the right ankle resulting in bone spurs and hammertoes from a 20 percent rating to a 10 percent rating, effective March 25, 2011, is found to be improper.
The deciding factor: The evidence does not support the Veteran's claims for increased ratings or service connection.,The reduction in evaluation was improper due to the lack of at least five years between the initial and final evaluations.
- Claimed conditions
- right lower extremity radiculopathy, residuals of a compression fracture, L2, syndesmophyte on the posterior surface of L3, avulsion fracture of the right ankle resulting in bone spurs and hammertoes, right hip bursitis
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 25, 2015
- Citation
- 1549724
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 1549724.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Granted
The Board has granted earlier effective dates for the grant of service connection for middle and index trigger finger/stenosing tenosynovitis of the right hand, left lower extremity radiculopathy, and right lower extremity radiculopathy. The earliest effective date is June 30, 2012, for the right hand condition and April 22, 2016, for bilateral lower extremity radiculopathy.
- Granted
The Board has granted service connection for lumbar spine degenerative arthritis and DDD, as well as right and left lower extremity radiculopathy secondary to the now service-connected lumbar spine condition. The decision is based on a finding of relative equipoise in the evidence regarding whether these conditions are related to service.
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