The Board denied the veteran's claims for an increased rating and entitlement to TDIU, finding that his right ankle disability did not warrant a higher rating or effective date earlier than November 28, 2000.
The deciding factor: The evidence showed that prior to November 28, 2000, the veteran's service-connected right ankle disability was manifested by subjective complaints of painful motion with no more than slight limitation of motion and no x-ray evidence of arthritis or malunion or nonunion of the subastragalar joint, tarsal joint, os calcis or astragalus. As of February 1, 2004, his osteochondritis dissecans with traumatic arthritis did not present ankylosis.
- Claimed conditions
- Osteochondritis dissecans, Traumatic arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- April 17, 2006
- Citation
- 0610934
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 case for additional development, including obtaining a clarifying opinion on the nature and etiology of the Veteran's left knee instability.
- Denied
The Veteran's claims for increased ratings were denied, and the appeal is remanded for further action.
- Granted
The Board has granted a separate 20 percent evaluation for limitation of extension due to traumatic arthritis and a separate 10 percent evaluation for limitation of flexion due to traumatic arthritis, resulting in an overall 30 percent rating for the right knee disability. The veteran's service-connected disabilities do not preclude him from securing or maintaining gainful employment.
- Denied
The Board denied the veteran's claims for increased evaluations of his service-connected left knee disabilities, finding that the evidence did not support ratings in excess of the currently assigned 10 percent evaluations.
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