The Board denied an initial rating in excess of 10 percent for right shoulder strain with degenerative changes and a rating in excess of 40 percent for lumbosacral strain, disc disease, and traumatic arthritis. It granted an initial staged rating of 20 percent for cervical strain, myositis and disc disease from May 14, 1997, and 10 percent for right foot injury with traumatic arthritis, great toe metatarsophalangeal joint fracture from May 14, 1997. It also granted an initial staged rating of 10 percent for a scalp scar effective October 26, 2006.
The deciding factor: The Board found that the veteran's right shoulder disability was not more severe than currently rated and that his lumbar spine disability did not meet criteria for a higher rating. However, it determined that the cervical spine disability warranted an increased rating due to moderate limitation of motion, and the right foot injury with traumatic arthritis, great toe metatarsophalangeal joint fracture warranted a 10 percent rating from May 14, 1997. The scalp scar was rated based on its size and tenderness.
- Claimed conditions
- Right shoulder strain with degenerative changes, Lumbosacral strain, disc disease, and traumatic arthritis, Cervical strain, myositis and disc disease, Right foot injury with traumatic arthritis, great toe metatarsophalangeal joint fracture, Scalp scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 19, 2008
- Citation
- 0816420
Veterans Law Judge
Decisions by this judge: 2,592 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
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 0816420.
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.
- Partly granted
The Board granted a 50 percent rating for PTSD and a 40 percent rating for lumbar strain, while denying service connection for bilateral hearing loss.
- Denied
The Board denied service connection for erectile dysfunction, diabetes mellitus, type II, and a higher initial disability rating for a scalp scar due to insufficient evidence linking these conditions to the Veteran's active service.
- Remanded (sent back)
The Board has determined that the Veteran's claims for earlier effective dates are dismissed as freestanding claims, and the increased rating claims have been remanded due to new evidence of worsening conditions.
- Remanded (sent back)
The Veteran's service-connected tension headaches and scalp scar have significantly impacted his ability to engage in substantially gainful employment. The case is being remanded for further consideration of TDIU on an extra-schedular basis.
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