The Board denied the veteran's claims for increased ratings and service connection, finding no new and material evidence to reopen his numbness of the right arm claim. The low back disability was rated at 40 percent, with no higher rating possible under current criteria.
The deciding factor: The evidence did not show a separate disability involving the right arm that would account for any reported numbness, nor were there findings of incapacitating episodes or ankylosis of the thoracolumbar spine. The veteran's low back disability was rated based on its orthopedic manifestations and functional loss.
- Claimed conditions
- Degenerative disc disease at T11-L1, Right shoulder tendinitis, Status post fracture of the right foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 11, 2007
- Citation
- 0713981
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 0713981.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted a CUE in the October 2007 rating decision for urinary incontinence, but denied CUE for left knee and right foot disabilities, as well as for the April 2010 asthma rating reduction.
- Denied
The Board denied the Veteran's claims for an earlier effective date and increased ratings for degenerative arthritis with spondylosis of the cervical spine and right shoulder tendinitis.
- Granted
The Veteran was previously working and earning above the poverty threshold, but due to his service-connected disabilities, he is now unable to secure or follow a substantially gainful occupation. The Board has granted TDIU from April 22, 2017.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for eye sensitivity and right shoulder tendinitis due to incomplete medical opinions.
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