The veteran's residuals, posterior process talus fracture of the left heel and chondromalacia patella of the left knee do not meet the criteria for increased ratings.
The deciding factor: The evidence does not show severe impairment or functional loss that would warrant a higher rating under the applicable diagnostic codes.
- Claimed conditions
- residuals, posterior process talus fracture, left heel, left ankle flexor hallucis longus tendinitis, degenerative joint disease and mild instability, chondromalacia patella of the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 3, 2009
- Citation
- 0903691
Veterans Law Judge
Decisions by this judge: 2,011 · Granted: 24% (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 0903691.
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 increased ratings for the Veteran's service-connected conditions, including painful scars of the right knee, left foot plantar fasciitis, residuals of fracture of the left talus, and adjustment disorder with mixed anxiety and depressed mood. The claims were denied as the evidence did not support higher ratings or an earlier effective date.
- Remanded (sent back)
The Board has decided to remand the cases for further review due to inadequate prior examinations and the need for a new evaluation of the Veteran's service-connected bilateral knee disabilities.
- Remanded (sent back)
The Board has remanded the case due to the need for additional VA examinations and addendum opinions regarding the Veteran's service-connected knee and back disabilities, as well as the qualifications of the November 2023 examiner.
- Granted
The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected chondromalacia patella of the left knee, finding that obesity, a result of his service-connected knee disorder, was a substantial factor in causing his OSA.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.