Service connection for a right ankle disorder is granted.,An initial rating in excess of 10 percent for right calcaneal fracture is denied. An effective date of March 8, 2019, for a 50 percent rating for headaches is granted.,Initial compensable rating prior to September 3, 2019, and in excess of 10 percent thereafter, for GERD with constipation is denied.

The deciding factor: The Veteran's service entrance examination did not contain any relevant notations regarding his right ankle; however, x-ray evidence along with lay statements rebutted the presumption of soundness and there was insufficient evidence to conclude that the prior right distal fibula fracture was not clearly and unmistakably aggravated beyond natural progression by an in-service right calcaneal fracture.

Claimed conditions

{"condition_name":"Right ankle disorder"}, {"condition_name":"Right calcaneal fracture"}

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

10%

Decision date

November 17, 2020

Citation

20073635