The Veteran's claim for a higher rating for his service-connected left ankle disability is denied as the evidence does not support an increase in the rating beyond 30 percent prior to July 18, 2019 and since then he has already been assigned the maximum schedular rating authorized under DC 5270.
The deciding factor: The medical evidence did not show nonunion of the tibia and fibula with loose motion requiring a brace or ankylosis of the ankle in plantar flexion at more than 40 degrees, or in dorsiflexion at more than 10 degrees or with abduction, adduction, inversion or eversion deformity.
- Claimed conditions
- Left distal fibula fracture, Postoperative bone spur removal (left ankle), Degenerative joint disease of the left ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- October 23, 2020
- Citation
- 20068734
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 issue of entitlement to a rating in excess of 20 percent for degenerative joint disease of the left ankle due to an inadequate statement of reasons or bases.
- Denied
The Veteran's left ankle disability has been manifested by pain and, at worst, moderate limitation of motion. The Board finds that the criteria for a higher rating have not been met.
- Remanded (sent back)
The Board has remanded the Veteran's claims due to the need for additional medical opinions and records.
- Denied
The veteran's claims for earlier effective dates, increased ratings, and service connection were denied.
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