The Board denied the veteran's claims for increased ratings for his lumbar spine, right shoulder, and right foot disabilities. The initial evaluations were found to be appropriate based on the current clinical findings.
The deciding factor: The evidence did not support a higher rating as there was no indication of severe limitation of motion or intervertebral disc syndrome in the lumbar spine, nor nonunion with loose movement or limitation of motion to 25 degrees from side level for the shoulder and foot disabilities.
- Claimed conditions
- fracture of the second lumbar vertebra, degenerative changes at L4-L5 and L5-S1, limitation of motion on abduction for the right shoulder, tenderness over distal metatarsal and metacarpophalangeal junctions and Achilles tendon for the right foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 1, 2005
- Citation
- 0532362
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 0532362.
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 lumbosacral strain with degenerative changes at L4-L5 and L5-S1 has been rated as 20 percent disabling since March 9, 1998. The rating was increased to 40 percent from April 25, 2005 to August 11, 2005.
- Granted
The Veteran's claim for an increased rating for chronic lumbar strain has been granted, with a current evaluation of 40 percent. The Tinnitus issue is reopened but no new evidence was provided to warrant service connection.
- Denied
The Board denied an increased evaluation for the service-connected herniated disc at L5-S1 and degenerative changes at L4-L5 and L5-S1, currently rated as 40 percent disabling. Separate ratings of 10 percent were granted for associated neurologic abnormalities in each lower extremity.
- Remanded (sent back)
The veteran's claim for an increased rating for his service-connected herniated disc at L5-S1 and degenerative changes at L4-L5 and L5-S1 is being remanded due to the need for VCAA notice, a VA spine examination, and review of the claim under both old and current rating criteria.
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