The Veteran's claims for increased ratings for his knee and toe disabilities were denied. The initial disability rating for the left knee was not granted, while a combined rating of 20 percent or more was not met from July 11, 2007 onwards. The right knee received an initial non-compensable rating, and the Veteran's fractures did not meet criteria for a compensable rating.
The deciding factor: The VA examination reports indicated that the Veteran had painful motion in his knees but no significant functional impairment or instability. For the toe fracture, it was noted as moderately severe without other complications.
- Claimed conditions
- Degenerative joint disease (left knee), Degenerative joint disease (right knee), Fracture of the left great toe
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 16, 2009
- Citation
- 0947533
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 0947533.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted a CUE in the October 2007 rating decision for urinary incontinence, but denied CUE for left knee and right foot disabilities, as well as for the April 2010 asthma rating reduction.
- Granted
The Veteran's service-connected bilateral knee disabilities resulted in damage to his clothing due to the use of knee braces. The Board granted a 2018 clothing allowance for the use of both left and right knee braces.
- Granted
The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and knee conditions, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted a total disability rating based on individual unemployability.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an initial disability rating in excess of 10 percent for his right knee iliotibial band tear, post dislocation with degenerative joint disease and for a total rating based on individual unemployability prior to October 7, 2018 due to outstanding VA treatment records and incomplete employment information.
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