The veteran's disability in his lower extremities is manifested by subjective complaints of bilateral hip, knee and ankle pain; reported inability to walk more than 100 feet; gait disturbance; the use of a cane and wheelchair. The Board concludes that he does not meet the criteria for SMC based on loss of use of both legs.
The deciding factor: The veteran's disability from right and left leg disorders is not equivalent to amputation below the knee, as he has remaining function that would not be served by an amputation stump with use of suitable prosthesis appliances.
- Claimed conditions
- degenerative joint disease of the hips, chondromalacia patella of the right knee with arthritis, degenerative changes of the left hip, degenerative changes of the right ankle, degenerative changes of the left ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 21, 2004
- Citation
- 0419659
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 0419659.
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.
- Remanded (sent back)
The Veteran's appeal is remanded for further development, including obtaining updated employment and income information, completing VA Forms 21-4192 with his employers, and scheduling a VA examination to assess the severity of his service-connected hip disabilities.
- Granted
The Veteran's service-connected disabilities, including PTSD, left shoulder disability, thoracolumbar spine degenerative disc disease, and other conditions, are found to preclude him from securing or following a substantially gainful occupation as a truck driver. As such, the Board has granted his TDIU claim.
- Dismissed
The Veteran's appeals for higher initial ratings and increased ratings have been dismissed as he has withdrawn his appeal.
- Granted
The Veteran's degenerative changes of the left hip and migraine headaches have been granted service connection as direct service connections, with no presumption or secondary theory applied.
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