The veteran's right ankle disability is rated at 20 percent, and his left knee disability with arthritis and mild instability is rated at 10 percent.,The veteran's left knee disability warrants a separate 10 percent rating for osteoarthritis. However, the moderate instability does not warrant an evaluation in excess of 10 percent.
The deciding factor: The right ankle condition did not meet criteria for higher ratings due to lack of ankylosis.,The left knee arthritis and mild instability warranted a separate rating but not an increased one as the moderate instability does not meet the criteria for a higher evaluation under Diagnostic Codes 5260 or 5261.
- Claimed conditions
- Medial meniscus degeneration, cartilage degeneration and post-traumatic scarred thickening of medial collateral ligament of the left knee with osteoarthritis, mild instability, Post-traumatic arthritis of the right ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 3, 2006
- Citation
- 0619428
Veterans Law Judge
Decisions by this judge: 1,710 · Granted: 15% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0619428.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's appeal is being remanded due to the need for additional development, including obtaining results of an esophagogastroduodenoscopy (EGD) and other relevant VA treatment records. The right ankle claim may require a medical opinion regarding whether the foot condition stems from the same injury as the ankle condition.
- Granted
The Veteran's right ankle disability, which is the only service-connected condition at issue, has been rated as 10 percent disabling since October 2009. Effective February 22, 2013, his disability rating was increased to 30 percent due to ankylosis of the ankle in dorsiflexion between 0 and 10 degrees. The Veteran is not entitled to SMC based on need for regular A&A or being housebound.
- Partly granted
The Veteran's post-traumatic arthritis of the left ankle is rated at 20 percent, but his right ankle remains at 20 percent without further increase.
- Denied
The Board denied the veteran's claims for increased ratings for hypertension, status post L5-S1 laminectomy, and post-traumatic arthritis of the left shoulder. The veteran's hypertension was not found to meet criteria warranting a compensable rating. For his status post L5-S1 laminectomy, the RO had assigned a 20 percent evaluation based on recurring attacks of moderate intervertebral disc syndrome with resolution in favor of the veteran. However, the Board determined that this evaluation did not meet the criteria for an increased rating under current regulations. The claim for post-traumatic arthritis of the left shoulder was also denied as there were no findings meeting the criteria for a higher rating.
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