The Veteran's service-connected right ankle disability has been rated at 20 percent since November 7, 2009. The Board found that the Veteran’s overall disability picture more closely approximates marked limitation of motion throughout the entire appeal period and granted a 20 percent rating for her right ankle disability. However, additional development is needed to consider whether an extraschedular evaluation is warranted.
The deciding factor: The VA examiner noted marked limited range of motion due to pain on examination that causes functional loss, with evidence of localized tenderness or pain on palpation of the lateral ankle and decreased ability in performing activities that require standing, walking, climbing, lifting or bending especially with repetitive or prolonged use/activity. The Veteran's right ankle disability significantly impacts her ability to walk, climb stairs, and stand without pain.
- Claimed conditions
- Right Ankle Fracture with Hardware Placement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 15, 2020
- Citation
- 20066928
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.
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