The Veteran's claims for increased ratings of right-hand and right-ankle fractures residuals were denied as the evidence did not show that his service-connected disabilities prevented him from maintaining substantial gainful employment prior to September 13, 2013.
The deciding factor: The Veteran was unable to secure or follow a substantially gainful occupation due to his service-connected mood disorder and other disabilities, but he had worked in the past and did not provide evidence showing that these conditions rendered him unemployable as of September 13, 2013.
- Claimed conditions
- Right-hand fracture residuals, Right ankle fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- April 11, 2019
- Citation
- 19128432
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 claims for increased ratings on an extraschedular basis for residuals of a right ankle fracture and lumbosacral strain, finding that TDIU had rendered these issues moot.
- Granted
The Veteran's initial compensable rating for residuals of right ankle fracture was denied from February 16, 2011 to November 30, 2015. From November 30, 2015 to November 27, 2017, a disability rating of 10 percent but not higher for residuals of right ankle fracture was granted.
- Remanded (sent back)
The Board has ordered a remand due to the need for additional examination of the Veteran's right ankle disability. The issues include seeking an increased rating and service connection for a hip disability.
- Partly granted
The Veteran's claim of entitlement to service connection for right leg shortening was denied due to lack of new and material evidence. The claims for service connection for a right knee disorder, right ankle fracture, and headache disorder with neck pain were reopened. A 10% disability rating for the right ankle fracture is restored effective July 21, 2015. However, the claim for a compensable rating for the headache disorder was denied as the Veteran's headaches do not meet the criteria for a higher rating.
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