The veteran's degenerative arthritis of the thoracolumbar spine was rated as 10 percent disabling, while his degenerative arthritis with medial epicondylitis of the right elbow did not meet criteria for a compensable evaluation.
The deciding factor: The decision was based on the degree of limitation of motion and pain experienced by the veteran, which met the criteria for a 10 percent rating under the applicable diagnostic codes.
- Claimed conditions
- Degenerative arthritis of the thoracolumbar spine, Degenerative arthritis with medial epicondylitis of the right elbow, Bilateral testicular atrophy with epididymitis, Thoracic outlet syndrome of the chest and upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- April 10, 2008
- Citation
- 0811833
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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 degenerative arthritis of the thoracolumbar spine as there was no evidence of an in-service incurrence or a relationship to service.
- Remanded (sent back)
The Board remands the claims for an initial disability rating in excess of 20 percent for degenerative arthritis of the thoracolumbar spine and in excess of 10 percent for left and right lower extremity radiculopathy (sciatic nerve) to ensure compliance with the duty to assist.
- Partly granted
The Board granted service connection for degenerative arthritis of the cervical spine and thoracolumbar spine, resolving all reasonable doubt in favor of the Veteran.
- Denied
The Board denied an initial rating in excess of 10 percent for the Veteran's lumbar spine disability prior to August 28, 2017, and a rating in excess of 20 percent from that date.
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