The Veteran's claims for increased ratings were denied as the maximum rating of 40 percent is already assigned for his right ankle disability due to the amputation rule, and a higher rating is not warranted for his right elbow compression with ulnar neuropathy and carpal tunnel syndrome.
The deciding factor: The evidence does not support an increase in the ratings beyond the current levels as there was no objective or electrodiagnostic evidence of right upper extremity ulnar neuropathy or carpal tunnel syndrome, and the Veteran's symptoms are wholly sensory.
- Claimed conditions
- status post fusion right ankle with hammer toe, cavus deformity, right calf atrophy, shortening of the right leg
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 5, 2019
- Citation
- 19126158
Veterans Law Judge
Decisions by this judge: 2,240 · Granted: 28% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19126158.
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.
- Remanded (sent back)
The Board has remanded the claims for service connection for radiculopathy of the left lower extremity and shortening of the right leg due to insufficient evidence regarding their onset during the appeal period.
- Remanded (sent back)
The Board has denied service connection for kidney disease and gum disease, and has remanded the claims for degenerative arthritis of the right knee, shortening of the right leg, carpal tunnel syndrome of the right hand and wrist, and arthritis of the right wrist.
- Remanded (sent back)
The Veteran's claims for increased ratings and a compensable rating for shortening of the right leg are being remanded due to inadequate examination reports. The case will be readjudicated after additional development.
- Granted
The Veteran's claims for service connection for Bertolotti's syndrome and shortening of the right leg, as well as a low back disability (lumbosacral transitional vertebrae with associated scoliosis and symptoms of back pain and sciatica), were reopened. The Board found that new evidence supported reopening these claims and established a link between the Veteran's current disabilities and active military service.
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