The Veteran's service-connected left ankle post traumatic arthritis, achilles tendinopathy is rated at 40 percent from January 20, 2012. The claim for a TDIU was denied as the evidence does not show that the Veteran's service-connected disabilities preclude him from securing and following substantially gainful employment.
The deciding factor: The Veteran's current employment accommodates his service-connected disabilities but is not considered a protected work environment, thus he cannot meet the criteria for a TDIU. The left ankle disability limits his ability to perform certain activities at work, such as driving and standing for extended periods.
- Claimed conditions
- left ankle post traumatic arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 4, 2024
- Citation
- 24010345
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 24010345.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for left ankle post traumatic arthritis and right knee degenerative arthritis and meniscal tear, but denied earlier effective dates for the Veteran's painful scars of the bilateral wrists and thumb and deep nonlinear scars of the upper extremities.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for increased ratings for his service-connected left and right ankle post traumatic arthritis due to insufficient examination findings, specifically a lack of use of a goniometer during the examinations.
- Denied
The Veteran's left ankle disability was evaluated at a 10 percent rating prior to September 24, 2013 and at a 20 percent rating on and after that date. The Board found no evidence of marked limitation of motion or x-ray evidence of involvement of two or more major joints with occasional incapacitating exacerbations.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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