The appeal for a higher rating for the right second toe deformity was denied as the evidence did not support a rating in excess of 10 percent.
The deciding factor: The Veteran's right second toe deformity, while causing some discomfort and mild antalgic gait, did not meet the criteria for a higher rating under the applicable diagnostic codes.
- Claimed conditions
- right leg/knee disability, deformity of the second toe of the right foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- February 17, 2009
- Citation
- 0905772
Veterans Law Judge
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 0905772.
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.
- Dismissed
Your appeals for service connection of left ankle and right leg/knee disabilities have been dismissed as the Veteran withdrew his appeal.
- Remanded (sent back)
The Board has remanded the claims for service connection due to missing or presumed destroyed service treatment records and inadequate VA opinions. The Veteran's in-service incident is also being investigated.
- Remanded (sent back)
The Board has remanded the claims for service connection for various disabilities, including right hip, leg/knee, and neurological conditions, as secondary to a service-connected lumbar spine disability. The Veteran is also being asked to provide tax returns to support his claim for TDIU.
- Denied
The Board denied service connection for a deformity of the second toe of the right foot and a left shoulder disorder, both claimed as secondary to service-connected diabetes mellitus type II. The Board found that there was no evidence linking these conditions to service or service-connected diabetes.
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.