The Board denied the claim for revision of an October 1970 rating decision on the basis of clear and unmistakable error (CUE) as it was determined that there was no manifest change in the outcome of the original decision.
The deciding factor: The evidence did not clearly and unmistakably demonstrate moderate limitation of motion or arthritis, which would have warranted a compensable rating under Diagnostic Code 5271 at the time of the October 1970 rating decision.
- Claimed conditions
- Residuals of a right ankle sprain
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2024
- Citation
- A24066431
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.
- Denied
The Board denied an initial compensable evaluation for residuals of a right ankle sprain prior to February 27, 2004, and an initial evaluation in excess of 10 percent from February 27, 2004.
- Remanded (sent back)
The Board remands the case for a VA orthopedic examination to determine if the veteran's current right ankle condition is related to his service.
- Remanded (sent back)
The veteran's claims for service connection for bilateral hearing loss, anal fissures, orchialgia of the right testicle, residuals of a right ankle sprain, and a right knee disability are being remanded for further development.
- Denied
The veteran's residuals of a right ankle sprain did not meet the criteria for an evaluation in excess of 30 percent from September 25, 2003 to August 1, 2007 and 20 percent therefrom.
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