The Veteran's appeal for a higher initial rating for left ankle degenerative joint disease with history of shin splints and stress fracture was denied. The disability is rated at 20 percent since May 26, 2017.
The deciding factor: The evidence did not show that the left ankle disability more nearly approximated malunion of the tibia and fibula with marked ankle disability to warrant a higher 30 percent rating.
- Claimed conditions
- left ankle degenerative joint disease, history of shin splints, stress fracture (left ankle)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 6, 2020
- Citation
- 20064955
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.
- Remanded (sent back)
The Board remands the claim for a medical opinion to address the ameliorative effects of medication on the Veteran's left ankle disability.
- Partly granted
The Board granted ratings for the Veteran's left knee degenerative joint disease, meniscectomy with residuals, instability, genu recurvatum, and limitation of extension, but denied a rating in excess of 100 percent for his left knee total knee arthroplasty and an initial rating in excess of 10 percent for his left ankle degenerative joint disease.
- Remanded (sent back)
The Board remands the claim for a retrospective opinion regarding the ameliorative effects of medication on the Veteran's left ankle disability.
- Remanded (sent back)
The Board remands the claim for special monthly compensation based on the need for regular aid and attendance of another person due to a duty to assist error in the prior VA examination.
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