The Veteran's right ankle disability has been rated at 40 percent since January 11, 2022. The Board finds that a higher rating is not warranted as the maximum schedular rating available for an ankle disability under the amputation rule has already been assigned.
The deciding factor: The service-connected right ankle disability has resulted in ankylosis of the ankle with limited motion (less than 30 degrees in plantar flexion and more than 10 degrees in dorsiflexion), which corresponds to a maximum rating of 40 percent under Diagnostic Code 5270. The amputation rule limits the combined rating for right ankle disability to no higher than 40 percent.
- Claimed conditions
- Right ankle instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 15, 2022
- Citation
- 22040731
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 22040731.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's right ankle disability, including instability and tendonitis, is rated as 10 percent disabling. The Board found that the evidence did not support a higher rating due to lack of marked limited motion or other significant impairment.
- Granted
The Board has granted the Veteran's claims for service connection for right ankle instability and secondary service connection for a right ankle scar. The decision also readjudicates the claim of service connection for the right ankle scar.
- Remanded (sent back)
The Board has ordered the case to be remanded due to issues with the rating assigned for right ankle instability and arthritis. The Veteran's symptoms have been found to significantly impact his ability to use his ankle, requiring a brace and cane.
- Granted
The Veteran's service-connected HIV and related conditions have resulted in the effective loss of use of his left foot, meeting the criteria for automobile or adaptive equipment eligibility.
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