The Veteran's degenerative arthritis of the right great toe has been assigned a maximum schedular rating (40%) since November 1, 2008. No higher evaluation is warranted as he is already receiving the highest available rating under all applicable diagnostic codes and VA regulations.
The deciding factor: The Veteran's service-connected degenerative arthritis of the right great toe has been rated at maximum schedular disability level (40%) since November 1, 2008. Any further increase in evaluation would require a finding that he is entitled to an additional diagnostic code or regulation not currently applied.
- Claimed conditions
- Degenerative arthritis of the right great toe, Foot cellulitis, Foot lymphangitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 23, 2013
- Citation
- 1302516
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 1302516.
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.
- Granted
The Veteran's right great toe hallux rigidus with arthritis is granted an initial 10 percent disability rating, effective from the date of decision.
- Granted
The Veteran is granted a separate 10 percent evaluation for right toe painful motion with arthritis, to include partial toe amputation and toenail removal. The decision resolves all reasonable doubt in favor of the Veteran.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an initial disability rating for his right-toe condition and service connection for a bilateral knee condition due to inadequate VA examinations and failure to obtain relevant records.
- Denied
The Veteran's claims for increased ratings and service connection were denied. His degenerative arthritis of the right great toe is rated at 10 percent, which does not meet his request for a higher rating. The residuals of his right third metatarsal fracture are also rated at 10 percent. Service connection for gout was denied.
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