The Board granted a disability rating of 20 percent, but no higher, for left ankle strain and remanded the issue of an effective date prior to August 3, 2009, for the award of service connection for traumatic brain injury (TBI) on the basis of clear and unmistakable error.
The deciding factor: The Veteran's left ankle strain warrants a 20 percent rating due to additional functional loss during flareups and with repeated use over time, but not higher as it does not meet the criteria for ankylosis in plantar flexion locked at more than 30 degrees or dorsiflexion greater than zero degrees.
- Claimed conditions
- left ankle strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- February 26, 2025
- Citation
- A25017260
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