The Board denied a separate evaluation for a muscle injury residual of a left ankle fracture, finding that the Veteran's symptoms are already compensated by his current 30 percent rating under Diagnostic Code 5262.
The deciding factor: The Veteran’s decreased range of motion is already compensated for as malunion of the tibia and fibula with marked disability. An additional evaluation for the same symptomatology would be unlawful pyramiding.
- Claimed conditions
- Left ankle fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- November 4, 2020
- Citation
- 20071324
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 20071324.
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 has decided to remand the case due to inadequate examination report and failure to consider the effects of medication on the Veteran's left ankle disability.
- Denied
The Veteran's appeal for higher ratings for major depressive disorder, left ankle fracture, and left knee strain was denied. The Veteran is not entitled to a rating in excess of 30 percent for his major depressive disorder or an initial rating in excess of 10 percent for his left ankle fracture. However, he is granted service connection for the left knee strain as secondary to his right knee strain.
- Granted
The Board has granted service connection for a right hip condition, including need for replacement, secondary to the Veteran's service-connected left ankle fracture.
- Denied
The Board denied the Veteran's claim for service connection for residuals of a left ankle fracture, finding no clear and unmistakable error in the September 21, 2005 rating decision.
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