The Veteran's claim for an increased rating for his service-connected residuals of a left ankle fracture was denied as the disability is already rated at its maximum under the applicable diagnostic code.
The deciding factor: The Veteran's left ankle fracture residuals are currently evaluated at 40 percent, which represents the highest schedular evaluation available under Diagnostic Code 5262 (nonunion of tibia and fibula with loose motion requiring a brace).
- Claimed conditions
- Left ankle fracture residuals
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 25, 2016
- Citation
- 1616305
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 1616305.
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.
- Granted
The Veteran's service-connected disabilities, including PTSD and left ankle fracture residuals, rendered him unable to secure or follow substantially gainful employment since October 2005. The effective date for the TDIU is set at June 29, 2006.
- Granted
The Veteran's appeal for a higher rating for left ankle fracture residuals was denied. However, the Board granted a separate 10 percent rating from July 25, 2022 for left ankle instability.
- Remanded (sent back)
The Veteran's asthma with bronchitis and reactive airway disease, left elbow disability, left ankle fracture residuals, hypertension, and left ear hearing loss were all rated at the maximum allowable under VA regulations.,The Veteran was denied increased ratings for his asthma, left elbow, left ankle, and hypertension conditions.
- Granted
The Veteran's left ankle fracture residuals are granted an increased rating of 20 percent. Service connection is granted for bilateral hearing loss and tinnitus.
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