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
Veterans Law Judge
Judge attribution: 2025 complete; earlier years partial.
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 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.
- Remanded (sent back)
The Veteran's claims for service connection are being remanded due to a duty to assist error. The VA will obtain new opinions from different VA examiners to address whether the Veteran's conditions were incurred or aggravated by his military service, including exposure during combat.
- Remanded (sent back)
The Veteran's claim for SMC based on loss of use of the left upper extremity is remanded due to inadequate examination and opinion regarding her service-connected disabilities.
- Denied
The Board denied the Veteran's claim for service connection for left shoulder impingement syndrome as there was no evidence of an in-service injury or event that could be linked to his current condition.
- Dismissed
The appeal of the deferred claim for entitlement to service connection for sinusitis is dismissed. The claims for right hip greater trochanteric, left shoulder impingement syndrome, and thoracolumbar spine strain are remanded.
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