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 40 percent since that date.
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
- 40%
- Decision date
- October 23, 2020
- Citation
- 20068734
Veterans Law Judge
Decisions by this judge: 1,913 · Granted: 30% (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 20068734.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for eligibility for specially adapted housing and special home adaptation grant was denied as he does not meet the criteria for a qualifying total service-connected disability rating or loss of use of lower extremities.
- Dismissed
The appeal for increased ratings for degenerative joint disease of the left ankle and erectile dysfunction was withdrawn by the Veteran, resulting in their dismissal. The claims for allergic rhinitis, lumbar spine degenerative disc disease, gastroesophageal reflux disease, and migraine headaches are remanded for further development.
- Granted
The Veteran's service-connected left and right ankle disabilities prevented him from securing or following substantially gainful employment, leading to a TDIU on an extraschedular basis.
- Granted
Service connection is granted for thrombosis of the left axillary and subclavian vein. The Board also finds that service connection is warranted for degenerative joint disease of the right ankle, left ankle, left shoulder, right shoulder, epicondylitis of the left elbow, epicondylitis of the right elbow, degenerative joint disease of the cervical spine, and degenerative joint disease of the lumbar spine. Service connection was not granted for peripheral neuropathy of the right lower extremity, left lower extremity, right upper extremity, or left upper extremity.
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