The veteran's service-connected tendon and nerve injury, right elbow, with median nerve and radial nerve compromise, postoperative, is rated at 70 percent; the other two conditions remain rated as previously.
The deciding factor: The veteran's condition more nearly approximates complete paralysis such that a higher evaluation is warranted for the right elbow under DCs 8515, 8615 or 8715. The injury to his biceps muscle does not meet the criteria for a rating in excess of 10 percent.
- Claimed conditions
- tendon and nerve injury, right elbow, with median nerve and radial nerve compromise, postoperative, injury, right biceps muscle, left shoulder impingement syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 2, 2008
- Citation
- 0814726
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 the Veteran's claims for compensation under 38 U.S.C. § 1151 and service connection for a left shoulder condition, as there was no evidence to support that his current disability was caused by VA treatment or related to his active military service.
- Partly granted
The Board granted an effective date of February 7, 2020, for the award of a 70 percent rating for unspecified depressive disorder and TDIU, but denied earlier effective dates for other conditions.
- Granted
The Veteran's service-connected headaches were granted a rating of 50 percent, and she was also granted TDIU, DEA, and SMC for the period from March 27, 2017, to August 20, 2017.
- Dismissed
The veteran's appeal for higher ratings for left shoulder impingement syndrome and left upper extremity paresthesia was dismissed due to a late filing.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.