The Veteran's appeal for a higher rating for his left ankle disability was denied. The Board also granted the Veteran a TDIU based on his service-connected disabilities, including back and right ankle conditions.
The deciding factor: The Veteran did not meet the criteria for a 40 percent evaluation under Diagnostic Code 5262 due to lack of evidence of nonunion or loose motion of the tibia and fibula. The Board found that the Veteran's service-connected disabilities, including back and right ankle conditions, combined to preclude him from securing or following substantially gainful employment.
- Claimed conditions
- left ankle disability, back disability, right ankle arthritis with residual arthroscopic scar, degenerative arthritis, lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 1, 2021
- Citation
- 21005471
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. Read the original VA decision (opens in a new tab) using citation 21005471.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has expanded the scope of the claim to include any mental health disorder raised by the record and has remanded for additional development regarding service connection for left leg, ankle, and psychiatric disabilities.
- Whole decision: Granted
The Board has reopened the Veteran's claims of service connection for a back disability, endometriosis, thyroid condition, and chronic fatigue syndrome due to new evidence submitted since the last final denial. The claims are now considered on their merits.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to incomplete service treatment records and a need for additional VA examination. The Veteran's back disability is being reviewed again with new evidence.
- Whole decision: Remanded (sent back)
The Board has remanded the claims of service connection for back, hip, and lower extremity disabilities due to a lack of VA examination and outstanding treatment records. The Veteran's current diagnoses and lay statements will be considered in determining if his conditions are related to service.
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