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
- Not verified here — check the original 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 indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0903691.
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: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
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