The veteran's claims for increased ratings and service connection were denied. The intervertebral disc syndrome of the lumbosacral spine was rated at 40 percent, while the residuals of a right knee injury, status post arthroscopic surgery, were rated at 10 percent. Service connection for the rotator cuff tear of the right shoulder was also denied.
The deciding factor: The VA examiner found that the veteran's right shoulder condition is not related to his service-connected disabilities and therefore cannot be considered secondary to them.
- Claimed conditions
- Intervertebral disc syndrome of the lumbosacral spine, Residuals of a right knee injury, status post arthroscopic surgery, Rotator cuff tear of the right shoulder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 10, 2008
- Citation
- 0838740
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 0838740.
What this means for you
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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 hypertension is granted with a 10% rating. The VA has ordered remand for additional evaluations of his coronary artery disease, right knee, and right shoulder conditions due to the possibility of worsening during the appeal period.
- Granted
The Veteran's appeal was granted, and he is now rated at a 10 percent disability rating for his service-connected right shoulder rotator cuff tear, effective March 1, 2008.
- Granted
The Veteran's intervertebral disc syndrome of the lumbosacral spine warrants a 40 percent rating for impairment of the spine, and separate 20 percent ratings for neurological impairment in both lower extremities.
- Denied
The Board denied initial evaluations in excess of 10 percent for various disabilities, including DJD of the right knee, postoperative meniscal tear of the right knee, DJD of the left knee, DJD and DDD of the lumbar spine, DJD of the right ankle, rotator cuff tear of the right shoulder, DJD of the left hip, surgical scars on the left thigh, left knee, lumbosacral spine, and right knee.
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