Citation Nr: 18140614 Decision Date: 10/03/18 Archive Date: 10/03/18 DOCKET NO. 16-12 131 DATE: October 3, 2018 ORDER Entitlement to a 10 percent, but no higher, prior to January 25, 2013, for residuals of right ankle trauma (claimed as broken right ankle), is granted. FINDING OF FACT Prior to January 25, 2013, the evidence of record shows that the Veteran’s right ankle disability caused functional loss and painful motion. CONCLUSION OF LAW The criteria for entitlement to a rating of 10 percent, but no higher, prior to January 25, 2013, for residuals of right ankle trauma (claimed as broken right ankle), have been met. 38 U.S.C. § 1155 (2012); 38 C.F.R. §§ 4.3, 4.7, 4.59, 4.71a, Diagnostic Code 5271 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty service from June 2007 to June 2008. The U.S. Court of Appeals for Veterans Claims (Court) has recognized that a claimant may limit their appeal. See A.B. v. Brown, 6 Vet. App. 35 (1993). In his August 2015 notice of disagreement (NOD), the Veteran limited his claim to 10 percent and stated, “I believe that the decision in question should have assigned an evaluation of 10 percent back to 2008.” As such, that is the only issue before the Board. Entitlement to a rating of 10 percent, but no higher, prior to January 25, 2013, for residuals of right ankle trauma (claimed as broken right ankle) Disability ratings are determined by evaluating the extent to which a veteran’s service-connected disability adversely affects his or her ability to function under the ordinary conditions of daily life, including employment, by comparing his or her symptomatology with the criteria set forth in the Schedule for Rating Disabilities. See 38 U.S.C. § 1155; 38 C.F.R. § 4.1. The Veteran’s right ankle disability is rated under Diagnostic Code (DC) 5271, which provides ratings based on limitation of extension of the ankle. Moderate limitation of motion of the ankle is rated 10 percent. Marked limitation of motion of the ankle is rated 20 percent. 38 C.F.R. § 4.71a. Normal ranges of motion of the ankle are dorsiflexion from 0 degrees to 20 degrees, and plantar flexion from 0 degrees to 45 degrees. 38 C.F.R. § 4.71, Plate II. Disability of the musculoskeletal system is primarily the inability, due to damage or infection of parts of the musculoskeletal system, to perform the normal working movements of the body with normal excursion, strength, speed, coordination, and endurance. The functional loss may be due to absence of part, or all, of the necessary bones, joints, and muscles, or associated structures, or to deformity, adhesions, defective innervation, or other pathology, or it may be due to pain, supported by adequate pathology and evidenced by visible behavior of the claimant undertaking the motion. Weakness is as important as limitation of motion, and a part that becomes painful on use must be regarded as seriously disabled. See 38 C.F.R. §§ 4.40, 4.45, 4.59; DeLuca v. Brown, 8 Vet. App. 202, 206-07 (1995). The Veteran contends that he is entitled to a rating of 10 percent from the day after his discharge from service as his right ankle has always caused painful motion. An April 2015 rating decision granted the Veteran an earlier effective date for his right ankle disability from June 30, 2008, (the day after discharge); but only granted the 10 percent rating from January 25, 2013. The reason for this was because the Veteran was afforded a VA examination in April 2010 where he had dorsiflexion to 18 degrees and plantar flexion to 45 degrees. He did not demonstrate any objective painful motion of the right ankle at the time of examination. On review of the Veteran’s later submitted VA treatment records, it is clear that he experienced chronic pain in his ankle that caused functional loss prior to January 25, 2013. In addition, the Veteran reported that his right ankle “has given [him] pain since [his]time of separation, and limit[ed] his ability [to] exercise.” He reported that “there are only a few activities in which I am able to be on my feet for longer than an hour that does not cause the ankle to become inflamed and painful.” On VA examination in April 2010, the Veteran reported instability, pain, weakness, and decreased speed of joint motion; as well as swelling and tenderness. He also reported that his ankle disability impacted the motion of his joint and that he would get moderate flare-ups which would last for hours after running. (Continued on the next page)   When considering all of this, the Board agrees with the Veteran that a 10 percent rating, but no higher, is warranted from June 30, 2008, the day after discharge. This represents a full grant of the benefit sought on appeal. See August 2015 NOD. H.M. WALKER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Martha R. Luboch, Associate Counsel