The Board has granted service connection for a right ankle disability and a thoracolumbar spine disability. The right ankle sprain is considered presumptively incurred in service, while the thoracolumbar spine condition is presumed to have existed prior to service.,Both conditions are now recognized as being related to military service.
The deciding factor: The September 2017 VA examination found that the Veteran's right ankle sprain was less likely than not related to his in-service injury, but acknowledged that he did not have a chance to heal due to his military duties. The November 2017 MRI confirmed the presence of an old injury.,The September 2017 VA examination also found that the Veteran's thoracolumbar spine condition was clearly and unmistakably pre-existing and aggravated by service, based on his age at the time of onset.
- Claimed conditions
- Right Ankle Sprain, Thoracolumbar Spine Degenerative Arthritis with Degenerative Disk Disease (DDD)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 11, 2023
- Citation
- 23055583
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 23055583.
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.
- Granted
The Veteran's right ankle disability, which includes a Brostrom reconstruction and right ankle sprain, is currently rated at 10 percent prior to November 14, 2024. The Board has granted a 20 percent rating for the entire period on appeal based on marked limited motion of the right ankle.
- Denied
The Veteran's service-connected disabilities do not result in the physical loss or permanent loss of use of his hands or feet, nor does he have a severe burn injury. Therefore, he is ineligible for financial assistance for an automobile and adaptive equipment.
- Granted
The Board has granted restoration of the Veteran's ratings for his service-connected right and left ankle disabilities from 30% to 10%, effective November 1, 2020.
- Denied
The Veteran's claim for ED was denied as there is no current disability.,Right carpal tunnel syndrome was denied due to insufficient evidence linking it to the TERA exposure.,Left carpal tunnel syndrome was denied as the Veteran does not have a current diagnosis of this condition.,Right ankle sprain and left foot pes planus were both denied because there is no current disability.,Right foot pes planus was denied due to lack of evidence.,Non-diabetic neuropathy of the right upper extremity was denied as it is currently diagnosed as right carpal tunnel syndrome.
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