The Board has restored the Veteran's 20 percent rating for arthritis of the right ankle, effective from July 1, 2018. The reduction in rating was improper due to a lack of consideration of whether the improvement reflected an improvement in the Veteran’s ability to function under ordinary conditions.
The deciding factor: The VA failed to consider if the improvement in the Veteran's condition reflects an improvement in his ability to function under ordinary conditions, as required by law.
- Claimed conditions
- arthritis of the right ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- June 10, 2019
- Citation
- 19144372
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 claims for increased ratings and service connection, as well as remanded several claims for further development.
- Remanded (sent back)
The Board remands the claims for service connection for right and left knee conditions, thoracogenic scoliosis, and arthritis of the right ankle to obtain new medical opinions addressing pain and functional impairment.
- Dismissed
The veteran withdrew his appeals for service connection for various conditions, and these claims are therefore dismissed.
- Denied
The Board denied the Veteran's claims for service connection for various joint disabilities, finding that there was no evidence of a nexus between his current arthritis and his military service.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.