The veteran's traumatic arthritis of the 12th thoracic and 1st lumbar vertebrae secondary to compression fracture at L1 is rated as 50 percent effective February 4, 2005.,The veteran's DJD of the cervical spine is rated as 20 percent effective February 4, 2005. The right shoulder disability is rated as 30 percent prior to February 4, 2005 and 20 percent from August 30, 2002.

The deciding factor: The veteran's traumatic arthritis of the thoracic and lumbar spine secondary to compression fracture at L1 meets the criteria for a 50 percent rating effective February 4, 2005 due to incapacitating episodes. The cervical DJD does not meet the criteria for higher ratings as it has not resulted in incapacitating episodes of at least 6 weeks but less than 6 weeks and unfavorable ankylosis is not present.

Claimed conditions

Traumatic arthritis of the 12th thoracic and 1st lumbar vertebrae secondary to compression fracture at L1, Degenerative joint disease (DJD) of the cervical spine secondary to shell fragment wounds, Residuals of shell fragment wounds of the right shoulder, Residuals of shell fragment wound of the left shoulder

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

50%

Decision date

October 17, 2006

Citation

0632337

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 0632337.