The Veteran's claim of compensation under 38 U.S.C. § 1151 for residuals of open reduction/internal fixation of right ankle fracture due to VA treatment is denied, and the initial disability rating for left moderate degenerative changes and hallux valgus (previously characterized as degenerative joint disease of the left great toe) is granted at a 10 percent level.
The deciding factor: The evidence does not support finding that the Veteran's right ankle disorder was caused by VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on part of VA physicians, or an event not reasonably foreseeable. The Board finds no additional disability resulting from VA treatment.
- Claimed conditions
- right ankle fracture, left moderate degenerative changes and hallux valgus (previously characterized as degenerative joint disease of the left great toe), right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- July 22, 2020
- Citation
- 20048988
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 20048988.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Granted
The Board has granted earlier effective dates for the grant of service connection for middle and index trigger finger/stenosing tenosynovitis of the right hand, left lower extremity radiculopathy, and right lower extremity radiculopathy. The earliest effective date is June 30, 2012, for the right hand condition and April 22, 2016, for bilateral lower extremity radiculopathy.
- Granted
The Board has granted service connection for lumbar spine degenerative arthritis and DDD, as well as right and left lower extremity radiculopathy secondary to the now service-connected lumbar spine condition. The decision is based on a finding of relative equipoise in the evidence regarding whether these conditions are related to service.
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