The veteran's low back disability is rated at 40 percent, and he has service connection for a right eye peripheral retinal hole, hemorrhoid disability manifested by bleeding during bowel movements, and prostate cancer. The Board finds no basis to grant additional evaluations for the other conditions.
The deciding factor: The evidence supports an evaluation of 40 percent for the service-connected low back disability due to severe functional loss to pain. There is no evidence of incapacitating episodes or unfavorable ankylosis that would warrant a higher rating under the revised spine rating criteria.
- Claimed conditions
- low back disability, right eye peripheral retinal hole, hemorrhoid disability manifested by bleeding during bowel movements, joint pain, sleep disorder, sinus disorder, digestive disorder (heartburn and indigestion), disability manifested by groin pain, prostate cancer, coldness in the lower extremities
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 30, 2006
- Citation
- 0602591
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Granted
The Board granted service connection for prostate cancer, related to in-service exposures at Camp Lejeune.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Denied
The Board denied service connection for the veteran's claimed conditions, including right shoulder arthritis, left shoulder arthritis, right hip condition, left hip condition, low back disability, and bilateral lower extremity radiculopathy, as there was no evidence of in-service injury or illness related to these conditions.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.