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
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 Veteran's claims for additional VA examinations to properly evaluate the current severity of her disabilities.
- Dismissed
The appeal is dismissed due to res judicata, as the issues were previously adjudicated and are now barred from further review.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, as the evidence did not show that his service-connected disabilities alone were of such nature and severity to preclude him from securing or following substantially gainful employment.
- Denied
The Board denied benefits for a child born with birth defects and spina bifida under 38 U.S.C. § 1805, as the appellant does not have a diagnosis of spina bifida and is not the biological daughter of the Veteran.
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