The veteran was denied a certificate of eligibility for an automobile and adaptive equipment due to not meeting the criteria for loss of use of one or both feet, hands, or visual impairment.
The deciding factor: The VA examiner determined that the veteran did not have loss of use of his right foot, which is required for eligibility under the statute and regulations.
- Claimed conditions
- Pseudoarthrosis of L5-S1, status post fusion and bilateral foraminotomies, Patellofemoral syndrome of the right knee, Patellofemoral syndrome of the left knee, Neuropathy of the right leg
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 2, 2009
- Citation
- 0903568
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.
- Granted
The Veteran was granted a total disability rating based on individual unemployability from April 4, 2009, to July 9, 2015.
- Denied
The Board denied the Veteran's claim for revision of a March 1998 rating decision based on clear and unmistakable error (CUE) that assigned an initial noncompensable rating for his right knee condition.
- Denied
The Board denied the veteran's claims for increased ratings and TDIU, finding that the evidence did not support a higher rating based on the criteria for intervertebral disc syndrome with degenerative arthritis or for TDIU.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for various service-connected conditions, including non-scarring residuals resulting from an umbilical hernia repair and knee and lumbar spine disabilities.
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