The Board found that the veteran's right foot disability does not present an exceptional or unusual disability picture, and therefore denied further referral for consideration of an extraschedular rating.
The deciding factor: The evidence did not show marked interference with employment or frequent periods of hospitalization due to the service-connected right foot disability alone, as other non-service-connected disabilities also contributed to his inability to work.
- Claimed conditions
- postoperative residuals of the right foot, to include hammertoe and degenerative changes, degenerative joint disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 12, 2009
- Citation
- 0901188
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.
- Denied
The Board denied service connection for degenerative joint disease of the lumbar spine, finding that the evidence did not support a causal relationship between the Veteran's current disability and his active military service.
- Denied
The Board denied service connection for hypertension, an increased rating for a stroke and stroke residuals, and an increased rating for degenerative joint disease of the lumbar spine.
- Partly granted
The Board granted an initial rating of 40 percent for degenerative joint disease of the lumbar spine from February 20, 2013 to January 22, 2020, exclusive of a convalescence period. The other claims were denied.
- Denied
The Board denied the Veteran's claim for a total disability evaluation based on individual unemployability (TDIU) prior to October 20, 2019, as the evidence did not show that his service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation.
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