The Veteran's combined rating for service-connected disabilities of the right lower extremity is 70 percent, which exceeds the maximum allowed by law. Therefore, no higher ratings are granted.
The deciding factor: The combined rating for all service-connected disabilities of the right lower extremity (right knee, right foot, and right toes) has reached or exceeded 60 percent, violating the Amputation Rule, which prohibits a combined disability rating greater than 60 percent for an extremity. The Veteran's claim is denied as a matter of law.
- Claimed conditions
- degenerative joint disease of the right knee, medial/lateral instability of the right knee, right foot scars, right hallux valgus with degenerative changes, metatarsalgia, nonfunctional hammertoes of the right foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- August 4, 2010
- Citation
- 1029212
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 1029212.
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
The Veteran withdrew his appeal for service connection for metatarsalgia, tinea pedis, and GERD.
- Denied
The Board denied service connection for pes planus with hallux valgus, metatarsalgia, and hammer toes as the evidence did not support a finding that these conditions were incurred or aggravated during active service.
- Granted
The Board granted an effective date of October 1, 2022 for the award of service connection for right pes planus and right foot scars.
- Remanded (sent back)
The Board remands the claims for increased ratings of bilateral knee and ankle disabilities due to incomplete VA examinations.
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