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 40 percent for the right ankle disability or above the current 10 percent for the right elbow disability due to lack of objective findings supporting additional diagnoses, such as ulnar neuropathy or carpal tunnel syndrome.
- 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
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection for shortening of the right leg, finding no evidence linking the current condition to an in-service injury.
- Granted
The Board has granted an apportionment of the veteran's VA disability compensation benefits in the amount of $100.00 monthly for his dependent child (M.S.). The issues of service connection for various conditions are not addressed as they were not part of this appeal.
- Remanded (sent back)
The veteran's appeal is being remanded due to procedural issues, including the need for a Statement of the Case addressing earlier effective dates and other matters.
- Denied
The Board has determined that the current 40 percent rating for postoperative fracture of the right ankle, with right calf atrophy and degenerative changes, is appropriate as it reflects the highest schedular evaluation available under any diagnostic code or applicable regulation.
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