The Veteran's request for an effective date before April 23, 2021, for service connection for right ankle stress fracture of the talus with right ankle sprain and right ankle fracture is denied. The June 1998 and July 2002 rating decisions are final, and there was no pending claim or unadjudicated claim under 38 C.F.R. § 3.160(c) or informal claim under 38 C.F.R. §§ 3.155, 3.156 regarding the right ankle disability between the July 2002 rating decision and April 23, 2021.
The deciding factor: The effective date for service connection is determined based on when entitlement arose or the date of receipt of claim, whichever is later, under 38 U.S.C. § 5110 and 38 C.F.R. § 3.400. The June 1998 and July 2002 rating decisions are final, and there was no pending claim or unadjudicated claim for the right ankle disability between these decisions and April 23, 2021.
- Claimed conditions
- Right ankle stress fracture of the talus, Right ankle sprain, Right ankle fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 9, 2024
- Citation
- A24064718
Veterans Law Judge
Decisions by this judge: 899 · Granted: 45% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24064718.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's motion to revise a March 1975 rating decision that assigned an initial noncompensable disability rating for service-connected right ankle fracture, finding no CUE in the decision.
- Granted
The Board has granted a rating of 30 percent for the Veteran's right ankle sprain with pain and limitations in mobility, finding that his symptoms are functionally equivalent to ankylosis. The Veteran is not entitled to a higher rating as there is no evidence of actual ankylosis or ankylosis equivalent.
- Granted
The Board has determined that the appellant's right ankle sprain is related to an injury sustained during service and grants the claim for service connection.
- Granted
The Veteran's acquired psychiatric disorder, left ankle disorder, and right ankle fracture are all granted service connection. The right ankle fracture is remanded for a higher disability rating.
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