The veteran's claims for increased ratings for ankylosing spondylitis, chondromalacia patella of the right knee, and chondromalacia patella of the left knee were denied. The case is remanded to evaluate the spine disorder under the September 2003 criteria.
The deciding factor: The veteran's claims for increased ratings have been evaluated under the appropriate diagnostic codes without considering the revised criteria that became effective in September 2003, which may provide him with a more favorable rating if applicable.
- Claimed conditions
- ankylosing spondylitis, chondromalacia patella
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 29, 2006
- Citation
- 0609121
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 Board remands the claim for a higher rating for right knee strain to ensure that the estimated range of motion provided for repeated use over time and during flare-ups is sufficient for rating purposes.
- Partly granted
The Board denied an earlier effective date for the grant of a 70 percent rating for PTSD and granted an effective date of May 31, 2004, but no earlier, for the award of a total disability rating based on individual unemployability due to service-connected disabilities (TDIU).
- Dismissed
The appeal is dismissed as the Veteran did not express disagreement with any issue decided by the AOJ within the prior year.
- Granted
The Board granted service connection for ankylosing spondylitis, finding that the evidence was at least in approximate balance as to whether the Veteran's condition had its onset during his active military service.
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