The Board denied a rating in excess of 20 percent for residuals of a left radial head fracture with degenerative changes, and affirmed the effective date of February 21, 2002.
The deciding factor: The veteran's disability did not meet or approximate the criteria for higher ratings under applicable diagnostic codes.
- Claimed conditions
- Residuals of a left radial head fracture with degenerative changes, Bilateral ear fungus, Peripheral neuropathy of the right leg, Peripheral neuropathy of the left leg, Shoulder disorder (not developed or certified for review), Post-traumatic stress disorder (PTSD) (not developed or certified for review)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- April 24, 2008
- Citation
- 0813652
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 denied a higher disability rating for diabetes mellitus, type II and peripheral neuropathy of both legs, but granted a 20% rating for right leg peripheral neuropathy beginning May 21, 2021, and awarded TDIU starting September 22, 2014.
- Denied
The Veteran's claims for an increased rating for right leg neuropathy and PTSD have been denied. The Board found that the evidence did not support a higher rating than what was currently assigned.
- Denied
The veteran's claims for increased ratings and earlier effective dates were denied, as the evidence did not support higher ratings or earlier effective dates.
- Denied
The veteran's peripheral neuropathy of both legs was rated at 10 percent prior to August 22, 2002, and 20 percent from that date, but no higher. The Board found the evidence did not support a rating in excess of these levels.
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