The Veteran's right ankle surgical scars are not rated higher than a non-compensable rating. The Board finds that the preponderance of evidence is against the assignment of a compensable rating for the Veteran’s right ankle surgical scars under Diagnostic Code 7805 as there are no other disabling effects not considered in a rating provided under Diagnostic Codes 7800-04. The Veteran's right ankle post-operative internal fixation fracture right medial malleolus and distal one-third of right fibula with retained fixation metal and traumatic arthritis is remanded for further examination to determine the severity of his disability.
The deciding factor: The preponderance of evidence is against the assignment of a compensable rating for the Veteran’s right ankle surgical scars under Diagnostic Code 7805 as there are no other disabling effects not considered in a rating provided under Diagnostic Codes 7800-04. The Veteran's right ankle post-operative internal fixation fracture right medial malleolus and distal one-third of right fibula with retained fixation metal and traumatic arthritis is remanded for further examination to determine the severity of his disability.
- Claimed conditions
- right ankle surgical scars, right ankle post-operative internal fixation fracture right medial malleolus and distal one-third of right fibula with retained fixation metal and traumatic arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2019
- Citation
- 19179105
Veterans Law Judge
Decisions by this judge: 1,454 · Granted: 23% (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 19179105.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board denied an initial compensable rating for right ankle surgical scars but granted a separate 10 percent rating for painful right ankle surgical scars. The Board also denied an initial rating in excess of 70 percent for PTSD with amphetamine use disorder.
- Dismissed
The Veteran's appeal for increased ratings for right ankle degenerative joint disease and surgical scars prior to October 15, 2019, as well as his TBI with posttraumatic headaches, scalp scar, and photophobia, was dismissed. The Veteran is granted an initial 10 percent rating for his TBI.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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