The veteran's military disability severance pay must be recouped from part of his VA disability compensation benefits paid for the left ankle arthritis. The appeal is denied as a matter of law.
The deciding factor: VA is required to withhold part of the veteran's disability compensation until his military disability severance pay is recouped due to the veteran receiving severance pay for traumatic arthritis of the left ankle.
- Claimed conditions
- Traumatic arthritis of the left ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 15, 2006
- Citation
- 0639116
Veterans Law Judge
Decisions by this judge: 2,642 · Granted: 19% (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 0639116.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for a compensable rating for traumatic arthritis of the left ankle prior to July 5, 2018, and an increased rating in excess of 10 percent thereafter was dismissed as he withdrew his appeal.
- Denied
The Veteran's appeal for SMC higher than (m) plus (k) was denied as his service-connected disabilities do not meet the criteria for a higher rating under section 1114(o). The Veteran has more than one disability rated at 100 percent, but does not have two or more separate and distinct disabilities that would qualify him for SMC rates listed in subsections (l) through (n).
- Granted
The Veteran's service-connected disabilities, including traumatic arthritis of the left ankle, right and left knee chondromalacia, tinnitus, and bilateral hearing loss, prevent him from maintaining substantially gainful employment. The Board has granted a total disability rating based on individual unemployability (TDIU) for the entire period from June 2, 2008.
- Remanded (sent back)
The Veteran's GERD and hypothyroidism have been rated based on the severity of their symptoms. The Veteran is not entitled to higher initial disability ratings for these conditions.,For his hypothyroidism, the Veteran was granted a 30 percent rating from August 29, 2007, to October 12, 2009, and denied any increase in rating prior to this period and since October 13, 2009.
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