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
- None in this decision
- Decision date
- April 11, 2019
- Citation
- 19128432
Veterans Law Judge
Decisions by this judge: 2,569 · Granted: 26% (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 19128432.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's motion to revise a March 1975 rating decision that assigned an initial noncompensable disability rating for service-connected right ankle fracture, finding no CUE in the decision.
- Granted
The Veteran's acquired psychiatric disorder, left ankle disorder, and right ankle fracture are all granted service connection. The right ankle fracture is remanded for a higher disability rating.
- Granted
The Board has granted an initial 40 percent rating for the Veteran's right ankle disability, finding that his symptoms more nearly approximated ankylosis in dorsiflexion at more than 10 degrees during flare-ups and after repetitive use over time.
- Denied
The Veteran's request for an effective date before April 23, 2021, for service connection for right ankle stress fracture of the talus with right ankle sprain and right ankle fracture is denied. The June 1998 and July 2002 rating decisions are final, and there was no pending claim or unadjudicated claim under 38 C.F.R. § 3.160(c) or informal claim under 38 C.F.R. §§ 3.155, 3.156 regarding the right ankle disability between the July 2002 rating decision and April 23, 2021.
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