The Board denied the veteran's claims for service connection for right and left hand disorders, an evaluation in excess of 10 percent for lumbar myositis prior to March 11, 2005, a rating in excess of 40 percent for lumbar myositis from March 11, 2005, and compensable evaluations for status post exploratory laparotomy and right salpingectomy and peripheral insufficiency secondary to incompetent valves. The veteran's presbyopia was found not to be service-connected due to it being a developmental disorder.
The deciding factor: The medical evidence did not show the required manifestations of intervertebral disc syndrome for a higher rating, nor did it demonstrate separate neurologic disabilities warranting additional ratings.
- Claimed conditions
- lumbar myositis, presbyopia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 21, 2006
- Citation
- 0629902
Veterans Law Judge
Judge attribution: 2025 complete; earlier years partial.
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 0629902.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Veteran's lower back disability and radiculopathy were rated at 40 percent, but the Board found no evidence of ankylosis or incapacitating episodes warranting a higher rating.
- Granted
The Veteran's TDIU and DEA benefits are granted effective from April 8, 2010. The Board found that the Veteran was unable to work due to his lumbar myositis starting in April 2010.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence and a need for an addendum opinion regarding the etiology of the Veteran's eye disabilities, including bilateral cataracts, hypertensive retinopathy, hypermetropia, astigmatism, presbyopia, unspecified peripheral retinal degeneration, dry eye syndrome, presence of intraocular lens, old branch retinal vein occlusion, and bilateral pinguecula.
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