The Board denied ratings in excess of 20 percent prior to January 12, 2007 and in excess of 30 percent from that date for the veteran's cervical spine disability, as well as a rating in excess of 40 percent for low back disability. The claim for service connection for a right hip disorder was not addressed on the merits.
The deciding factor: The evidence did not show significant/severe symptomatology to warrant an increase under Code 5293 or other applicable criteria, and there were no neurological symptoms to consider in increasing the rating for the cervical spine disability. The claim for service connection for a right hip disorder was not addressed on the merits.
- Claimed conditions
- right hip disorder, skin disorder (claimed as skin cancer due to exposure to ionizing radiation), cervical spine disability, low back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 6, 2008
- Citation
- 0815003
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 Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Denied
The Board denied service connection for the veteran's claimed conditions, including right shoulder arthritis, left shoulder arthritis, right hip condition, left hip condition, low back disability, and bilateral lower extremity radiculopathy, as there was no evidence of in-service injury or illness related to these conditions.
- Dismissed
The Board dismissed the appeals for service connection for a bilateral knee disability, bilateral upper and lower extremity peripheral neuropathy, lumbar spine disability, cervical spine disability, and chronic pain syndrome due to untimely notices of disagreement.
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