The Veteran's claims for increased ratings and service connection were denied. The rating in excess of 40 percent for lumbar spine scoliosis with mild degenerative disease and osteophytes, the rating in excess of 20 percent for post-operative right ankle Achilles tendon repair, and the rating in excess of 10 percent for both right and left knee patellar tendonitis were denied. Service connection for gout was also denied.,The Veteran's lumbar spine condition is rated at 40 percent, which is the maximum allowed under the General Rating Formula for Diseases and Injuries of the Spine.

The deciding factor: The medical evidence did not support higher ratings as neither ankylosis nor IVDS was shown in any of the Veteran's lumbar spine examinations. The right ankle disability was rated at its highest level (20%) due to lack of ankylosis, and the bilateral knee patellar tendonitis were also rated at their maximum levels (20%).,Service connection for gout was denied as there was no in-service incurrence or medical nexus linking the current diagnosis to service. The Veteran's complaints of joint pain within a year of discharge were attributed to other causes, and there was no continuous symptomatology since service.

Claimed conditions

{"condition_name":"lumbar spine scoliosis with mild degenerative disease and osteophytes","severity_rating":40,"issues_on_appeal":["rating in excess of 40 percent for lumbar spine scoliosis with mild degenerative disease and osteophytes"]}, {"condition_name":"post-operative right ankle Achilles tendon repair","severity_rating":20,"issues_on_appeal":["rating in excess of 20 percent for post-operative right ankle Achilles tendon repair"]}, {"condition_name":"right knee patellar tendonitis","severity_rating":10,"issues_on_appeal":["rating in excess of 10 percent for right knee patellar tendonitis"]}, {"condition_name":"left knee patellar tendonitis","severity_rating":10,"issues_on_appeal":["rating in excess of 10 percent for left knee patellar tendonitis"]}, {"condition_name":"gout","severity_rating":null,"issues_on_appeal":["service connection denied for gout"]}

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

October 14, 2020

Citation

20066683