The Board denied the veteran's claims for increased rating for right ankle degenerative joint disease, service connection for obstructive sleep apnea, and service connection for post-operative residuals of a deviated septum with nosebleeds.
The deciding factor: The evidence did not support the presence of ankylosis or moderate limitation of motion in the right ankle, which are required for a compensable rating under Diagnostic Code 5271.
- Claimed conditions
- right ankle degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 23, 2008
- Citation
- 0832540
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. Search VA.gov for the original decision (opens in a new tab) using citation 0832540.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Dismissed
The Veteran's appeal for increased ratings on multiple service-connected knee and hip conditions has been dismissed due to the Veteran's death during the pendency of the appeal.
- Whole decision: Partly granted
The Board granted service connection for trigeminal nerve neuralgia due to the Veteran's service-connected frostbite of the ears, and increased the rating for right ankle degenerative joint disease from 10 percent to 20 percent. The claims for an increased rating for right ear frostbite and a separate rating for left ear frostbite residuals were denied.
- Whole decision: Remanded (sent back)
The Board remands the issues of higher initial ratings for right ankle, right knee, and neck disabilities and service connection for upper extremity radiculopathy disorders to obtain additional evidence and examinations.
- Whole decision: Remanded (sent back)
The Board remands the claims for service connection for bilateral plantar fasciitis, right and left ankle degenerative joint disease, and erectile dysfunction to obtain additional evidence.
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