The Veteran's initial 40 percent rating for left ankle sprain with degenerative joint disease, instability, and restricted inversion and eversion is granted prior to October 19, 2017. Effective from October 19, 2017, due to the application of the amputation rule, higher or additional ratings are denied.
The deciding factor: The Veteran's left ankle disability more closely approximated nonunion with loose motion requiring a brace prior to October 19, 2017, and is now precluded by the amputation rule from receiving higher or additional ratings for this period.
- Claimed conditions
- left ankle sprain, degenerative joint disease, instability, restricted inversion and eversion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 16, 2023
- Citation
- 23010135
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 23010135.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for an evaluation in excess of 40 percent for his lumbar spine disability has been denied. The Board found that the evidence did not meet the criteria for a higher rating, as there was no unfavorable ankylosis or incapacitating episodes of IVDS.
- Granted
The Board has determined that the Veteran's current right and left ankle disabilities are related to repetitive parachute jumps during service, granting service connection for these conditions.
- Granted
The Veteran's claims for service connection for left ankle sprain, right ankle sprain, anxiety with situational type phobia, left hip strain, left knee strain, right knee strain, and lumbar strain are granted effective March 3, 2022.,An earlier effective date of March 3, 2022, is assigned for the Veteran's service connection claims.
- Dismissed
The Veteran withdrew his appeals for service connection for instability, a low back condition, bilateral lower extremity radiculopathy, rhinitis, and sinusitis, as well as entitlement to a TDIU.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.