The Veteran's right ankle disability has not manifested ankylosis or malunion or nonunion of the tibia and fibula, which are required for a higher rating under Diagnostic Codes 5262 and 5271. As such, his claim for a higher initial rating is denied.
The deciding factor: The Veteran's right ankle disability does not meet the criteria for malunion or nonunion of the tibia and fibula as evidenced by multiple x-ray reports that do not show these conditions.
- Claimed conditions
- Right ankle instability with post-traumatic arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- March 4, 2016
- Citation
- 1608796
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 1608796.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's right ankle disability, characterized by instability and post-traumatic arthritis, has not resulted in malunion or nonunion of the tibia or fibula. Therefore, a higher rating is denied.
- Denied
The Board denied a claim for a higher evaluation of the veteran's service-connected right ankle instability with post-traumatic arthritis, which was initially rated at 10 percent and later increased to 20 percent effective December 22, 1990.
- Denied
The Board denied a higher evaluation for the veteran's service-connected right ankle disability, which was rated at 20 percent since December 22, 1990.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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