The veteran's claims for increased ratings for intervertebral disc syndrome of the lumbar spine, radiculopathy of the right lower extremity, residuals of a supraspinatus tear of the right shoulder, and residuals of right knee cartilage repair with degenerative joint disease were denied as there was no evidence meeting the criteria for higher ratings under the applicable rating schedule.
The deciding factor: The veteran's motion in the lumbar spine did not meet the criteria for an increased rating beyond 20 percent due to lack of severe recurring attacks or incapacitating episodes. The radiculopathy, shoulder tear, and knee condition were rated at their lowest possible levels as they did not meet the criteria for higher ratings under the applicable diagnostic codes.
- Claimed conditions
- intervertebral disc syndrome of the lumbar spine, radiculopathy of the right lower extremity, residuals of a supraspinatus tear of the right shoulder, residuals of right knee cartilage repair with degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 21, 2005
- Citation
- 0528425
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 0528425.
What this means for you
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What you can do next
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- Remanded (sent back)
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- Remanded (sent back)
The Board has decided to remand the Veteran's claims for increased ratings for radiculopathy of the right and left lower extremities due to conflicting information in the VA-contracted examination report, which requires clarification on the current severity of the service-connected disabilities without considering diabetic neuropathy. The Veteran is not service-connected for diabetic neuropathy.
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