The Veteran's right ankle disability resulted in moderate limitation of motion prior to August 28, 2018. The Board found that the evidence did not support a higher rating as the degree of loss was not pronounced or striking.
The deciding factor: The degree of loss of range of motion during flare-ups was not marked and more nearly approximated moderate limitation of motion.
- Claimed conditions
- Right Ankle Fracture, Chronic Pain, Instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- December 22, 2020
- Citation
- 20080557
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.
- Granted
The Board granted service connection for Parkinson's disease and related conditions, including Bradykinesia, instability, dysphagia, dysarthria, tremors, facial paralysis, an acquired psychiatric disorder, bowel incontinence, bladder incontinence, and radiculopathy of all four extremities, based on presumptive service connection due to exposure to contaminated water at Camp Lejeune.
- Remanded (sent back)
The Board remands the claim for a new VA examination to determine the nature and etiology of each diagnosed right knee disability, including whether they were caused or aggravated by the Veteran's service-connected left knee disability.
- Remanded (sent back)
The Board has remanded the case due to inadequate examination and failure to address whether a separate rating is warranted under DC 5258 for symptomatic meniscal tear.
- Granted
Service connection for PTSD is granted. The rating for right ankle fracture residuals remains at 10 percent.
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