The Veteran's appeal for a higher rating for right ankle arthritis was denied as the symptoms are adequately addressed by the current rating criteria.,The Veteran's claim for TDIU prior to June 10, 2009 on an extra-schedular basis was also denied due to lack of evidence showing he could not secure and follow substantially gainful employment.
The deciding factor: The symptoms associated with the Veteran's right ankle arthritis are adequately addressed by the current rating criteria.,There is no evidence indicating that the Veteran was prohibited from doing both physical and sedentary type employment activities due to his service-connected disabilities prior to June 10, 2009.
- Claimed conditions
- right ankle arthritis, osteomyelitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 24, 2019
- Citation
- 19149091
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 service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Dismissed
The appeal as to the proposed rating reduction of right ankle arthritis was dismissed, and an initial disability rating higher than 10% for right ankle scar was denied.
- Remanded (sent back)
The Board remands the claims for further development, specifically to obtain relevant Social Security Administration records.
- Remanded (sent back)
The Board is remanding the claim for service connection of the Veteran's cause of death due to a predecisional duty to assist error in not obtaining relevant medical records from the state veteran's home.
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