The Board denied a rating greater than 10 percent for the Veteran's left ankle disability and dismissed the claim of entitlement to TDIU from March 14, 2023. The claim for TDIU prior to that date was also denied.
The deciding factor: The evidence did not show marked limited motion or other criteria necessary for a higher rating under DCs 5270-5274, and the Veteran's service-connected disabilities did not prevent him from securing or following substantially gainful employment prior to March 14, 2023.
- Claimed conditions
- soft tissue calcification beneath the lateral malleolus, left ankle, residuals of a meniscus tear of the right knee, including patellofemoral syndrome and degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 17, 2024
- Citation
- 24002563
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.
- Partly granted
The Board granted service connection for left hip osteoarthritis and right hip osteoarthritis as secondary to the Veteran's now service-connected knee disabilities, but denied service connection for a variety of other conditions including bilateral ankle, shoulder, foot, mood disorder, tinnitus, hyperlipidemia, and knees.
- Remanded (sent back)
The Board remands the claims for service connection for bilateral foot and ankle conditions to correct a duty to assist error, requiring medical opinions on their relationship to the Veteran's service.
- Remanded (sent back)
The Board remands the claims for service connection for left ankle, right knee, and left knee as secondary to the service-connected right ankle due to a lack of development by the AOJ.
- Partly granted
The Board denied an earlier effective date for the award of service connection for hearing loss and granted an effective date of August 5, 2021, for the award of service connection for chronic sinusitis. The claims for increased ratings and additional service connection were also denied or remanded.
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